ASHIQ MUHAMMAD vs Mst — 2023 SCMR 1171 SUPREME-COURT

Case information

Citation: 2023 SCMR 1171 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: ASHIQ MUHAMMAD vs Mst
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

ASHIQ MUHAMMAD VS Mst. SUHAGAN Ss. 39 & 42---Suit for declaration and cancellation of mutation entries---Oral lease (mustajri)---Proof---Respondent/plaintiff had set up a case that she had leased out the subject property to the appellant through an oral lease (mustajri) agreement and the lease money was being paid to her regularly---However, she admitted in her cross examination that she had no proof or receipt to show that any lease (mustajri) money was ever paid by the appellant---Evidence produced by the respondent to prove that the subject land was given to appellant on lease (mustajri) did not inspire confidence as the respondent in her deposition very categorically asserted that she herself entered into a lease (mustajri) agreement with the respondent and that there were no witnesses of lease whereas one of her witnesses in his cross examination stated that the terms of lease (mustajri) agreement were settled in his as well as his brother's presence---Suit filed by respondent was rightly dismissed---Appeal was allowed.

Other judgments reported in 2023 SCMR

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2023 SCMR 960 SUPREME-COURTZAKIR MEHMOOD VS SECRETARY, MINISTRY OF DEFENCE (D.P), PAKISTAN SECRETARIAT, RAWALPINDI S. 5(2)---appeals filed before the Service Tribunal-…
2023 SCMR 960 SUPREME-COURTZAKIR MEHMOOD VS SECRETARY, MINISTRY OF DEFENCE (D.P), PAKISTAN SECRETARIAT, RAWALPINDI S. 5(2)---appeals filed before the Service Tribunal-…
2023 SCMR 1113 SUPREME-COURTSARDAR MUHAMMAD (DECEASED) VS TAJ MUHAMMAD (DECEASED) S. 13(3)---Suit for possession through pre-emption---Pre-requisite---Notice of 'Talb-i…

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