JEHANGIR vs Mst — 2022 SCMR 309 SUPREME-COURT

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JEHANGIR VS Mst. SHAMS SULTANA Ss. 39 & 42---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Suit for declaration and cancellation of sale mutation---Withholding/non-production of evidence---Effect---On death of predecessor of the parties, his estate was inherited by the appellant (brother), his four sisters and their mother---Three of the sisters allegedly sold part of their inherited land to their brother i.e. the appellant through an attested sale mutation---Said sale mutation was subsequently assailed by one of the sisters i.e. respondent-sister by filing a suit---Held, that the respondent-sister did not come forward to testify herself that she had not sold the property, instead her husband testified on her behalf as her attorney---Importantly one of the sisters and their mother had testified in support of the sale---Direct challenge had also been thrown to the respondent's husband/attorney that if the respondent came to testify she would acknowledge the sale---When the best evidence i.e. the respondent was intentionally withheld an adverse presumption ensued that if it was produced it would be against the person withholding it as per Art. 129(g) of the Qanun-e-Shahadat, 1984---Husband of the respondent i.e. her attorney had also stated, in his examination-in-chief, that the land had been sold by the respondent because she needed the money---Such statement could not be construed as a misunderstanding; his re-examination was also not sought nor the court record sought to be corrected if a mistake had been committed in recording the testimony of the witness---In conclusion sale was admitted/not denied by the two sellers who had a two-third share in the subject land and the third seller i.e. respondent did not come forward to testify---Apparently, the respondent's husband was interested in the land and he had himself also filed the suit---Appeal was allowed and suit filed on behalf of the respondent was dismissed.

JEHANGIR vs Mst — 2022 SCMR 309 SUPREME-COURT

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