Citation Name: 2023 PLD 12 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SANAULLAH vs Mst

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Citation Name: 2023 PLD 12 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SANAULLAH VS Mst. RAZIA BIBI art. 79---Proof of execution of document required by law to be attested---Factum of sale---Burden of proof---Document to be proved by producing two attesting witnesses---admittedly, the suit property was not in the names of alleged vendors and petitioner claimed that he had purchased property from alleged vendors---Petitioner was under obligation to prove the factum of sale---Petitioner had not produced witness of sale deed and even failed to produce the alleged vendors in order to prove the factum of sale purchase---alleged vendors were important witnesses but without any reason they had not been produced---Petitioner contended that he had purchased the property in question and so burden of proof laid on the petitioner to prove his contention by cogent and consistent evidence---article 79 of Qanun-e-Shahadat, 1984 provided that the document was to be proved by producing two attesting witnesses---In the present case, none of the witnesses had stated that sale consideration was paid in their presence at time of sale deed---Burden of proof laid on beneficiary of a document---Even wrong placement of burden on opposite party would not absolve the beneficiary from proving that the sale deed was valid---Civil revision was dismissed, in circumstances. Citation Name: 2023 PLD 12 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SANAULLAH VS Mst. RAZIA BIBI S. 115---Revisional jurisdiction of High Court---Scope---Scope of revisional jurisdiction of High Court is limited---Usually High Court does not interfere in concurrent findings of fact recorded by the courts below unless and until there is misreading or non-reading of evidence and violation of law---Revisional jurisdiction only applies to the cases involving non-existence or irregular exercise of jurisdiction---Power under S. 115, C.P.C. not to be considered analogous to the power exercised in appeal.

Citation Name: 2023 PLD 12 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SANAULLAH vs Mst — 2023 PLD 12 QUETTA-HIGH-COURT-BALOCHISTAN

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