HAYYAT ALI vs Mst — 2023 YLR 1521 LAHORE-HIGH-COURT-LAHORE

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HAYYAT ALI VS Mst. KHATOON BEGUM Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 17, 70, 79 & 80---Civil Procedure Code (V of 1908), O.I, R.10---Suit for declaration and injunction---Transfer by illiterate and Paradahnashin lady---Revenue officials, non-impleading of---Effect---Predecessor-in-interest of petitioners/defendants was real brother of respondent/plaintiff, who alleged that her brother had fraudulently got her land mutated in his name---Suit filed by respondent/plaintiff was dismissed by Trial Court but Lower Appellate Court decreed the same in her favour---Validity--- Predecessor-in-interest of petitioners/defendants was the beneficiary of mutation in question and failed to produce cogent, reliable and confidence inspiring evidence as per mandate of Art. 17 read with Arts. 70, 79 & 80 of Qanun-e-Shahadat, 1984--- As beneficiary of mutation in question, no attempt was made by petitioners/ defendants to get comparison of thumb impression of respondent/plaintiff even before Trial Court or Lower Appellate Court---Such fact had gone against petitioners/respondents--- Respondent/ plaintiff was not bound to file any application for comparison of her thumb impression, as burden to prove transaction was on petitioners/defendants, who were beneficiaries and not on the respondent / plaintiff---Impleading revenue officials in every case was not a rule of thumb---In case revenue officials were not impleaded by the parties, they could always be summoned by either side or, if considered necessary, even as Court witnesses---Purpose of arraying revenue officials as party in such like cases was to provide them an opportunity to participate and put forth their defence against allegation of fraud---High Court declined to interfere in judgment and decree passed by Lower Appellate Court as the same was in accordance with law and was not irregular or erroneous---Revision was dismissed, in circumstances.

HAYYAT ALI vs Mst — 2023 YLR 1521 LAHORE-HIGH-COURT-LAHORE

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