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---Presumption---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---Validity---To presume the signatures and every other part of such document which purports to be in the handwriting of any person and that it is executed by the person by whom it purports to be executed, Court should be very careful about applying any presumption under art. 100 of the Qanun-e-Shahadat, 1984, in favour of old documents when the same are produced during the trial of a suit, in which the proprietary rights are set up and the Court in its discretion can refuse to apply presumption where evidence in proof of the document is produced and then it is disbelieved---The word 'may' used in art. 100 of Qanun-e-Shahadat, 1984, signifies that presumption envisaged therein does not follow as a matter of course---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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