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MUHAMMAD KHAN vs MUHAMMAD AKRAM Ss — 2025 CLC 228 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 CLC 228 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
CLC
Parties
MUHAMMAD KHAN vs MUHAMMAD AKRAM Ss
Subject matter
Civil
Provisions referred to
Civil Procedure Code (V of 1908)

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 KHAN VS MUHAMMAD AKRAM Ss.42, 39---Civil Procedure Code (V of 1908), O.VI, R.4---Suit for declaration and cancellation of mutation---Sale mutation---Proof---Non-mentioning of particular/details of fraud---Admission as to execution of mutation---Discrepancy in evidence as to accrual of cause of action---Absence of prosecution witnesses at the time of proceedings of mutation---Predecessor-in-interest of petitioners/plaintiff had never denied the execution of mutation passed on his statement and in the presence of those who had signed the mutation---Consideration was paid for the total property, which was subject matter of the mutation---PW.1 deposed that he gained the knowledge about eight years after the mutation---PW.1 and PW.2 in their examination-in-chief did not state particular manners and mode of fraud and in their cross-examination they admitted that they were not present at the time of proceedings of mutation, thus, most part of their statements were comprised of hearsay evidence---There was discrepancy about the period of accrual of cause of action in the statement of PW.2 and in the plaint---Civil revision was dismissed, in circumstances.

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