MUHAMMAD ARSHAD vs MUHAMMAD RAFIQUE (Deceased) Ss — 2023 YLR 2304 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ARSHAD VS MUHAMMAD RAFIQUE (Deceased) Ss. 42 & 54---Registration Act (XVI of 1908), S.17---Qanun-e-Shahadat (10 of 1984), Art. 129, illustration (e)---Civil Procedure Code (V of 1908), O.I, R.10 & O.VI, R.4---Suit for declaration and injunction---Fraud---Proof---Absence of details of fraud---Necessary parties, non-impleading of---Registered document---Presumption--- Respondent / plaintiff assailed Tamleek deed allegedly issued in favour of petitioners/defendants who were his sons---Respondent/plaintiff raised the plea of fraud---Trial Court and lower Appellate Court concurrently decreed the suit and appeal in favour of respondent / plaintiff---Validity---Respondent/plaintiff leveled allegation of fraud without giving its details and particulars---In support of his allegations respondent/plaintiff recorded only his self-serving statement, and thus he failed to discharge his initial onus---Respondent / plaintiff challenged authenticity / sanctity for registered document (Tamleek Deed) by leveling allegation of fraud and misrepresentation that the same was procured by petitioner /defendants with the connivance of Sub-Registrar---When allegation of fraud and misrepresentation was level against Sub-Registrar, in such eventuality Province of Punjab and Sub-Registrar who registered the deed, were necessary parties---Neither the Province of Punjab nor the Sub-Registrar were arranged as defendants in the suit which was defective one and decree could not be passed against a person who was not a party to the lis before the Court---Respondent/plaintiff challenged registered Tamleek deed by instituting suit but presumption of truth and sanctity was attached to the registered document---Strong piece of evidence was required to cast aspiration on genuineness of such registered document---Bare words could not dislodge the presumption---Although such presumption was rebuttable but for that a party must produce evidence on the basis of standard set forth by the Supreme Court---High Court set aside concurrent judgments and decrees passed by two Courts below and remanded the matter to Trial Court for decision afresh---Revision was allowed accordingly.

MUHAMMAD ARSHAD vs MUHAMMAD RAFIQUE (Deceased) Ss — 2023 YLR 2304 LAHORE-HIGH-COURT-LAHORE

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