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Muhammad Umar Farooq vs Irshad Bibi art — 2024 YLR 2629 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 YLR 2629 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
YLR
Parties
Muhammad Umar Farooq vs Irshad Bibi art
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

Muhammad Umar Farooq VS Irshad Bibi art. 129(g)---Specific Relief act (I of 1877), Ss. 42 & 39---Suit for declaration and cancellation of mutation---Old and illiterate lady---Property transaction---Lady, being an old aged widow and illiterate, instituted a suit against the defendant claiming that he, in connivance with the revenue staff, got transferred her agricultural land without her knowledge---Trial Court decreed the suit in favour of the lady which judgment and decree was maintained by the appellate Court---Validity---Petitioner could not produce the witnesses in whose presence the disputed mutation was entered into revenue record and the revenue officer, who attested the mutation, was also not produced---So adverse presumption as per mandate of art. 129(g) of Qanun-e-Shahadat, 1984 arose against the petitioners that had the said witnesses been produced in the witness box, they would not have supported the stance of the petitioner---Both the Courts below had rightly concluded that the petitioner failed to prove his case by unimpeachable and confidence inspiring evidence---Revision, filed by the defendant, was dismissed, in circumstances.

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