NAZEER AHMED vs ZIAULLAH S — 2022 MLD 286 KARACHI-HIGH-COURT-SINDH

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NAZEER AHMED VS ZIAULLAH S.100---Qanun-e-Shahadat (10 of 1984), Arts. 78, 79 & 117---Suit for declaration, etc.---Respondent/plaintiff alleged that Appellant/defendant had illegally occupied the suit property, damaged the construction and caused him suffer great hardship, mental agony, torture, medical expenses, and defamation---Appellant contended that respondent had purchased property from one brother of appellant's wife and had obtained lease/sale deed fraudulently for which appellant had already filed suit for cancellation of said sale deed; that appellant with family had been living in suit property; that appellant's wife obtained loan and mortgaged the suit property to him through written Iqrarnama---On third round of litigation, suit was concurrently decreed by Courts below---Second appeal on the grounds that Courts below failed to consider that respondent had produced fake/bogus sale deed; that in Search Certificate issued by Sub-Registrar the name of said lady was still existing---Validity---Second appeal required legal consideration and it did not lie on ground of an error on question of facts---Only legal error alleged by appellant was that respondent had not led evidence of the executant of the sale deed and its witnesses in order to prove his claim under Arts. 78 & 79 of Qanun-e-Shahadat, 1984---Appellant/defendant in written statement alleged firstly that respondent purchased suit property from the said lady and then stated that respondent obtained the same on lease/sale deed by way of fraud---Written statement was silent as to how the alleged fraud had been committed---No suggestions in cross-examination regarding such alleged fraud; signature of "A" on sale deed as forged one and his hand-writing---Unregistered Iqrarnama could not be treated as authentic document of ownership which could have been helpful for recovery of alleged borrowing of money---Respondent had possessed registered documents duly executed/verified by Sub-Registrar, i.e. lease deed and sale deed---Appellant might be treated as third person---Executant of registered sale deed had not come forward to challenge it by filing declaratory suit, hence proviso of Art. 79 of Qanun-e-Shahadat, 1984 would not apply---Second appeal was dismissed accordingly.

NAZEER AHMED vs ZIAULLAH S — 2022 MLD 286 KARACHI-HIGH-COURT-SINDH

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