ABDUL GHAFFAR vs SHINKO S — 2023 CLC 530 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL GHAFFAR VS SHINKO S.42---Qanun-e-Shahadat (10 of 1984), Arts.117 & 118---Mutation---Fraud, allegation of---Plaintiffs/respondents averred that their owned land was exchanged with the father of certain (4) defendants which they took possession of---In exchange plaintiffs/respondents got possession of a suit property from father of said four defendants in whose name the same was registered---Other two defendants/petitioners with collaboration of revenue staff fraudulently transferred the suit property in their names through fake sale deed/documents---Trial Court dismissed the suit---Appeal was accepted by Appellate Court---Validity---Nothing was brought on record to suggest that the mutation entries in question had fraudulently been carried out by the petitioners in their favour---Attorney of plaintiffs deposed that plaintiffs along with said four defendants carried a subsequent agreement and admitted that their elders had exchanged the properties 30 to 35 years before---Perusal of oral/documentary evidence including the said agreement did not disclose any fraudulent transfer of property in question by petitioners---Said agreement was silent with regard to description/mutation numbers of property and did not disclose any cause of action---Plaintiffs/respondents had failed to discharge burden of proof---No question was put to defendants' witnesses with regard to fraudulent transfer---Suit property was not claimed by the predecessors in their life time despite remaining alive for more than 20 years after transfer, and plaintiffs and said four defendants kept mum since long time---Lacunas of defendants could not be extended in favour of plaintiffs---Revision petition was accepted and impugned judgment/decree of appellate Court was set aside.

ABDUL GHAFFAR vs SHINKO S — 2023 CLC 530 QUETTA-HIGH-COURT-BALOCHISTAN

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