MUHAMMAD BASHIR vs IRSHAD BEGUM arts — 2022 YLR 313 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD BASHIR VS IRSHAD BEGUM arts. 64, 70, 72, 117 & 118---Petitioner contented that respondents in connivance with the revenue officials got the mutation sanctioned by showing themselves as legal heirs (wife and daughter) of his deceased brother---Question was whether one of the respondent was the second wife of deceased and if so, whether another respondent was born out of their wedlock---Held, that petitioner as witness deposed that deceased never got married and died issueless---Petitioner was never cross-examined regarding the said statement, hence the same was deemed admitted--- Evidence tendered by Petitioner's / plaintiff's was straight forward / confidence inspiring and withstood the test of cross-examination---Deposition that deceased was issueless was established, hence the initial onus was duly discharged by the petitioner which shifted upon the respondents---Evidence of respondents/defendants was full of contradictions---Contents of the documents tendered by respondents, i.e. birth certificate, school leaving certificate, Nikah Nama, Computerised National Identity Cards (CNICs); were mutually-destructive with respect to the age and marriage of the respondents which cast serious doubts regarding the veracity of their evidence---Petitioner filed the suit immediately after attestation of the impugned mutation---CNICs of respondents were issued after institution of the suit which established that the same were prepared with the sole objective to establish the alleged relationship with deceased---No old CNIC or any other document prepared during the life time of deceased was on record to demonstrate their relationship---No concerned officer regarding preparation of the CNICs was examined to prove the same---Nikahnamas being the material document to prove the marriage and parentage of respondents, respectively, were not proved through Nakah Khawan or witnesses---Plaintiff's witness specified that the respondents took possession the suit property after the impugned mutation---Khasra Girdawari showed that possession over the suit property belonged to deceased in his life time and not to respondents---Revision petition was allowed accordingly.

MUHAMMAD BASHIR vs IRSHAD BEGUM arts — 2022 YLR 313 LAHORE-HIGH-COURT-LAHORE

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