Amanat Ullah Khan vs Waseem Iqbal Ss — 2024 MLD 1422 ISLAMABAD

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Amanat Ullah Khan VS Waseem Iqbal Ss. 39, 42 & 54--- Qanun-e-Shahadat (10 of 1984), Art. 129(g) --- Suit for cancellation of letter, declaration and injunction--- Withholding of evidence--- Maxim "omnia praesumuntur contra spoliatorem---Presumption in law---Appellant / plaintiff claimed to be owner of plot in question and sought cancellation of letter issued by Capital Development Authority (CDA) transferring half share in the suit property from his name to respondent / defendant---Appellant / plaintiff did not produce his father in evidence whose testimony would have thrown light on the controversy---Held, that rule of presumption is based on the principle that no one can be allowed to take advantage of his own wrong---Such rule contains a well-known Latin maxim "omnia praesumuntur contra spoliatorem (all things are presumed against the wrongdoer)---Where a person withholds evidence, every presumption to his disadvantage, consistent with the facts admitted or proved, has to be adopted---Trial Court was correct in observing that appellant / plaintiff did not produce any evidence to prove as to how he gained knowledge regarding transfer of half share in suit property in favour of respondent / defendant---High Court declined to interfere in finding of Trial Court that half share in suit property was in fact purchased by appellant's / plaintiff's father when he was eight-year-old minor and had no means to purchase such property---Trial Court correctly termed appellant's / plaintiff's father as ostensible owner of such share--- Appellant / plaintiff was not able to impeach transaction for the transfer of half share in suit property in favour of respondent/ defendant through transfer letter in question---Respondent/ defendant having become owner of entire suit property on the basis of such property was well within his rights to have transferred it onwards to person "JA"--- High Court declined to interfere in judgment and decree passed by Trial Court--- Appeal was dismissed, in circumstances.

Amanat Ullah Khan vs Waseem Iqbal Ss — 2024 MLD 1422 ISLAMABAD

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