Nargis Bibi (widow) vs Muhammad Amin Ss — 2024 YLR 2342 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Nargis Bibi (widow) VS Muhammad Amin Ss. 42, 12 & 39 ---Suit for declaration, cancellation of registered sale-deed and recovery of possession ---Declaration of title to the suit property, sought---Burden of proof , discharging of ---Scope---Title document, non-production of---Effect---Contention of the petitioner / defendant was that the PTD , plaintiff relied upon as a title document , was never produced in his (plaintiff's) evidence---Argument of respondent /plaintiff was that after implementation of the PTD in the revenue record, the original title document i.e., the PTD in the present case, even if not available, lost its significance and made no difference---Validity---Argument of the respondent was bizarre on two counts: firstly, mutation of a property in the revenue record neither creates nor extinguishes the title to the property or has any presumptive value qua title, as such entries are relevant only for the purpose of collecting land revenue; secondly, if the mutation on the basis of which right in the property is claimed is disputed on account of absence of the original PTD/registered deed, etc., the onus of proving the correctness of the mutation and genuineness of the transaction contained therein would be on the party claiming the right ---Therefore, without bringing on record the original PTD on the strength of which the mutation was sanctioned, respondent / plaintiff failed to prove that he was entitled to be declared as owner of the suit property, let alone seeking cancellation of registered sale deed of the petitioners / defendants in respect thereof---Concurrent findings were set being based on misreading of evidence---Civil revision, filed by the defendants , was allowed accordingly.

Nargis Bibi (widow) vs Muhammad Amin Ss — 2024 YLR 2342 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 YLR