Mir ABDUL RAB vs GHULAM HAIDER art — 2023 MLD 462 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 462 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: Mir ABDUL RAB vs GHULAM HAIDER art
Subject matter: Civil

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

Mir ABDUL RAB VS GHULAM HAIDER art. 129(g)---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Withholding best evidence---Scope---Plaintiffs claimed that the suit land was allotted to their predecessor by the Deputy Commissioner but the defendants were illegally interfering in their possession---Trial Court and appellate Court concurrently dismissed the suit---Validity---Burden was on the shoulders of plaintiffs to prove that the allotment order was an official document---Mere assertion or placing the document with plaint could not amount to admissibility of document---Plaintiffs had not filed application before the court for calling the record from the office of Deputy Commissioner---When the party without any reason withheld the best evidence the presumption under art. 129(g) of the Qanun-e-Shahadat, 1984 could be drawn against him/them---Testimonies of plaintiffs' witnesses were contradictory with each other---None of the witnesses stated year and month of alleged allotment in favour of the plaintiffs---Plaintiffs had failed to point out any misreading, non-reading of evidence, any illegality or irregularity in the judgments of the courts below---Revision petition was dismissed.

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