SHAH HUSSAIN vs DIN MUHAMMAD arts — 2022 MLD 46 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 46 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: SHAH HUSSAIN vs DIN MUHAMMAD arts
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHAH HUSSAIN VS DIN MUHAMMAD arts.79, 117 & 118---Registered deed---Burden of proof---Respondent's suit for declaration and cancellation of the registered deed was decreed by trial Court---Petitioner's suit for declaration in respect of the same property on basis of compromise deed was concurrently dismissed---Validity---No written proof of payment---Factum of payment was contradictory in view of statements of witnesses---Petitioner could not establish the sale transaction and also failed to prove the payment of sale consideration---Petitioner could not bring on record the original registered deed at the time of recording of his evidence---Burden of proof always lay upon the beneficiary of a transaction/document to establish the same through trustworthy evidence---Revision petition was dismissed accordingly. Head Notes

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