SAEED AHMED vs SHABBIR AHMED arts — 2025 CLC 1369 KARACHI-HIGH-COURT-SINDH

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SAEED AHMED VS SHABBIR AHMED arts. 17, 79, 81, 82, 91 & 92---Registered gift deed, challenge to---Proof---Requirement of producing two attesting witnesses in evidence---Principle---Exceptions---Scope---Where execution is admitted or where an attesting witness is reluctant to cooperate with the beneficiary---Not producing two attesting witnesses said to be not fatal---Qanun-e-Shahadat, 1984 provides certain departures from the condition imposed by art. 79 of the same---Firstly, the exception to the general rule is that where the execution is being admitted by the executor before the court in his pleadings or during evidence---Such exception is covered by art. 81 of the Qanun-e-Shahadat, 1984---Further exceptions are also provided under arts. 91 to 101 of the Qanun-e-Shahadat, 1984---If the attesting witnesses collude with opposite party or due to some greed or avarice refuse to cooperate with the beneficiary of document, the law gives alternative way to the beneficiary of document to prove his document under art. 82 of Qanun-e-Shahadat, 1984 which provides that "if the attesting witness denies or does not, recollect the execution of the document, its execution may be proved by other evidence"---Therefore, a party is not required to prove document in the ordinary mode of proof and a departure from art. 79 of ibid Order is permissible---a plenary reading of art. 81 confirms that where the execution of a document is admitted by the executant himself, the examination of attesting witness is not necessary and a party is not under burden of proof to comply with the requirement to produce or call at least two attesting witnesses of document---although the document is required to be attested by two witnesses but where the executant admits the execution of the document, then in terms of art. 81 of ibid Order such document can be used against executor of document though it was required by law to be attested---The non-examination of at least two marginal witnesses would not be fatal to the case of a party due to admission by the executor of document. Citation Name: 2025 CLC 1369 KARACHI-HIGH-COURT-SINDHBookmark this Case SAEED AHMED VS SHABBIR AHMED arts. 17, 79, 81, 82, 91 & 92---Registered gift deed, challenge to---Proof---Essential ingredients of a valid gift---Requirement of producing two attesting witnesses in evidence---Principle---Exceptions---Scope---Where execution is admitted by executor or where an attesting witness is reluctant to cooperate with the beneficiary---Not producing two attesting witnesses said to be not fatal---Predecessor-in-interest of the parties passed away in 2007---In 2012, one of the legal heirs claimed that their father had gifted him the suit property through a registered gift deed made in 2004---authenticity of the gift was doubted by other legal heirs and it was alleged that the gift deed was fabricated without the knowledge of the deceased father or other heirs---The core question for consideration before the High Court was as to "whether a registered document produced by official witness required test to proof its execution by way of art. 79 of Qanun-e-Shahadat, 1984 and what would be the effect of essential ingredients of gift when respondents were in part possession of suit property"---Held: Petitioner (beneficiary) failed to produce any documentary evidence and call marginal witnesses, therefore, he failed to undergo the test of art. 79 of the Qanun-e-Shahadat, 1984---Where the execution of the document is denied or disputed, it is the mandatory requirement of law of evidence i.e. Qanun-e-Shahadat, 1984 to prove the execution of such document by way of confirmation of document through at least two witnesses who have put their signatures on the document as per the qualification of art. 17 of Qanun- e-Shahadat, 1984---No evidence came on record about the issue of possession of the respondent (brother or sister) at the time of execution of gift by father which was essential ingredient of a gift under Muslim personal laws after the other pre- requisites i.e. offer and acceptance---after setting aside the impugned judgment and decree of the appellate court the matter was remanded to the Trial Court to give fresh decision on the point of determination about the "possession" of the petitioner at the time of execution of gift deed. Citation Name: 2025 CLC 1369 KARACHI-HIGH-COURT-SINDHBookmark this Case SAEED AHMED VS SHABBIR AHMED arts. 79, 91 & 92---Dispute as to execution of a document---Proof---Requirement of producing two attesting witnesses---Principle---Departure from the principle---Scope---Where sale deed is a registered document and purchaser is in possession of disputed land on the basis thereof then non-examination of its attesting witnesses would not be fatal---Registered document has sanctity attached to it and stronger evidence is required to cast a aspersion on its genuineness. Citation Name: 2025 CLC 1369 KARACHI-HIGH-COURT-SINDHBookmark this Case SAEED AHMED VS SHABBIR AHMED S. 115---Revisional jurisdiction of the High Court---Interference in concurrent findings---Exceptions---Such jurisdiction of the High Court is limited in relation to concurrent findings of the competent courts---The exceptions to this rule are when the findings are based on insufficient evidence; misreading of evidence; non-consideration of material evidence; patent errors of law; consideration of inadmissible evidence; abuse of jurisdiction; when the conclusions drawn are perverse and based on conjectural presumptions---The erroneous decisions of fact are ordinarily not revisable and the mere fact that the High Court may differ on a question of fact or mixed question of law and fact is not a valid ground for interfering with concurrent findings.

SAEED AHMED vs SHABBIR AHMED arts — 2025 CLC 1369 KARACHI-HIGH-COURT-SINDH

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