FAZUL HUSSAIN (deceased) vs MUKHTIAR AHMED Ss — 2025 CLC 1018 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 CLC 1018 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: CLC
Parties: FAZUL HUSSAIN (deceased) vs MUKHTIAR AHMED Ss
Subject matter: Civil
Provisions referred to: Registration Act

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

FAZUL HUSSAIN (deceased) VS MUKHTIAR AHMED Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Art. 100---Suit for declaration and injunction---Thirty years old document---Presumption---Respondent / plaintiff claimed to be owner of suit property on the basis of sale deeds registered more than thirty years ago---Trial Court as well as Lower Appellate Court decreed the suit and appeal in favour of respondent / plaintiff---Validity---Sale deeds over 30 years old carried presumption of correctness under Art. 100 of Qanun-e-Shahadat, 1984---Substantial evidence was required to cast aspersion on genuineness of such sale deeds and a presumption of truth was attached to documents registered under Registration Act, 1908---Applicants / defendants were required to rebut such presumption at the trial, which they had failed to do conclusively---Both the Courts below had appropriately and lawfully evaluated the evidence available on record and correctly decreed suit of respondent / plaintiff to the extent of his entitlement of possession---Such conclusion was based on a comprehensive analysis of evidence---Legal heirs of deceased owner of suit property were bereft of any further right to claim any share in suit property---High Court declined to interfere in judgments and decrees passed by two Courts below---Revision was dismissed, in circumstances.

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