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MUHAMMAD RAMZAN (deceased) vs MUHAMMAD SHARIF (deceased) art — 2025 CLC 1497 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 CLC 1497 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
CLC
Parties
MUHAMMAD RAMZAN (deceased) vs MUHAMMAD SHARIF (deceased) art
Subject matter
Civil
Provisions referred to
S. 12---S

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 RAMZAN (deceased) VS MUHAMMAD SHARIF (deceased) art. 100---Specific Relief act ( I of 1877 ), S. 12---Suit for specific performance of agreement---Production of document---Thirty years period, reckoning of---Scope---Claim of the plaintiff, that the sellers / vendors (two in number) sold the suit property to him vide the agreement and promised to transfer the suit-property after redemption of mortgage charge from the Bank, was concurrently rejected---arguments of the petitioner / plaintiff that the period of thirty (30) years for presumption under art. 100 of Qanun-e-Shahadat, 1984, is to be calculated till the date when the agreement was brought on record, but the Trial Court reckoned this period up-till institution of the suit---Validity---article 100 of Qanun-e-Shahadat, 1984, stipulates that thirty (30) years are to be taken on the date when a document is produced from any custody---The period of thirty (30) years is to be reckoned, not from the date upon which deed is filed in the Court, but from the date on which it has been tendered in evidence, its genuineness or otherwise becomes the subject of proof---Thus, in the present case, though the Trial Court fell into error while reckoning the period up-till filing of the suit, however, this error has no bearing on the result of the case, keeping in view the facts of the case and the evidence led by the parties---Furthermore, art. 100 of Qanun-e-Shahadat, 1984, clearly gives discretion to the Court to apply presumption keeping in view the particular case---Two Courts below have disbelieved the evidence of the petitioner and the High Court also found that the evidence of the petitioner was not credible---Revision, filed by the plaintiff, was dismissed in limine, in circumstances.

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