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DIL ARAAM vs SHERZADA Ss — 2022 YLR 605 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLR 605 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
YLR
Parties
DIL ARAAM vs SHERZADA Ss
Subject matter
Criminal

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

DIL ARAAM VS SHERZADA Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120--- Suit for declaration and injunction---Pardahnashin and illiterate lady---Sale mutation, proof of---Onus to prove---Respondents-plaintiffs assailed mutations of sale on the plea of fraud and forgery---Suit was dismissed by Trial Court but Lower Appellate Court decreed the same in favour of respondents-plaintiffs---Validity---All sale mutations were challenged by illiterate and Paradhnashin lady by contending that those were without consideration, without her consent and she never appeared before any revenue officer/ official---Beneficiaries were required to prove, firstly independently factum of sale, secondly payment of sale consideration, thirdly presence of vendor before local commission and putting her thumb impression and fourthly her due identification so that the vendor could not be misidentified---Near and dear i.e. husband and son of lady were alive, who were not identifier of vendor---One who identified the vendor did not know her rather had never met her ever---Payment of sale consideration was not proved---None of the witnesses deposed that in his presence sale consideration was paid---High Court declined to interfere in judgment and decree passed by Lower Appellate Court---Revision was dismissed in circumstances. Head NotesCase Description

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