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DILMURAD vs PROVINCE OF SINDH through Deputy Commissioner, Nawabshah Ss — 2023 CLC 1323 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 CLC 1323 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
CLC
Parties
DILMURAD vs PROVINCE OF SINDH through Deputy Commissioner, Nawabshah Ss
Subject matter
Civil
Provisions referred to
S. 58---S; Property Act (IV of 1882)

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

DILMURAD VS PROVINCE OF SINDH through Deputy Commissioner, Nawabshah Ss. 42, 39 & 54---Transfer of Property Act (IV of 1882), S. 58---Suit for declaration, cancellation and injunction---Transfer of mortgaged property---Scope---Applicant filed a suit for declaration, cancellation and injunction with the claim that his property had been transferred by private respondent through fraudulent means---Trial Court and Appellate Court concurrently dismissed the suit---Validity---Applicant had challenged the sale deed, allegedly executed by him, by asserting that he never executed the same and claimed that the same was a fabricated document---By producing evidence on oath, which evidence was in line with his pleadings, the applicant had discharged his burden whereafter the burden had shifted upon private respondent to prove the contrary---However, the private respondent admittedly never appeared before the Trial Court to dispute the allegations made by the applicant or to controvert the statements made on oath by his witnesses, nor did he produce any evidence of his own---Suit property was lying mortgaged with the bank at the relevant time---Revision petition was allowed, and the suit was decreed as prayed for.

Other judgments reported in 2023 CLC

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