NAZIR AHMAD vs MUHAMMAD SIDDIQUE Ss — 2025 CLC 32 LAHORE-HIGH-COURT-LAHORE

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NAZIR AHMAD VS MUHAMMAD SIDDIQUE Ss. 42 & 39---Suit for declaration and cancellation of mutation---Agreement, non-production of---Effect---Petitioners/ defendants assailed judgment and decree passed in favour of the respondent / plaintiff by the District Court while reversing dismissal of suit by the Civil Court---Claim of the respondent / plaintiff was that he is owner of suit- property, however, the petitioners / defendants managed verbal mutation (the 'mutation') in their favour in connivance with revenue officials---Defence set-up by the petitioners / defendants in their pleading included agreement having been executed between the parties---Validity---Record reveals that somehow, the agreement, one of the most crucial documents, was not produced during the trial or proceedings of appeal and then nine (09) years of present revision-petition---Thereafter, a miscellaneous application was instituted, in the year 2020, seeking permission to produce the agreement---The same reflected two witnesses as stamp-vendor---The names of the said persons were not only missing in the pleadings but there remained complete silence regarding them for 13 years---Miscellaneous application and the accompanied agreement was not just an attempt to derail the proceedings and to fill in lacuna but at the same time it was an attempt to prolong the status quo as to the suit property---On the other hand, the respondent / plaintiff stood by his pleadings in examination-in-chief, who was cross-examined but his answers to all the questions put to him remained reasonable---Respondent/plaintiff, inter alia, deposed that the petitioners are part of gang of land grabbers; his statement was supported by the lambardar as a Plaintiff's Witness, through coherent evidence---Petitioners failed to convince as to any infirmity in the impugned judgment passed by the District Court warranting interference by the High Court in revisional jurisdiction---Revision petition was dismissed, in circumstances.

NAZIR AHMAD vs MUHAMMAD SIDDIQUE Ss — 2025 CLC 32 LAHORE-HIGH-COURT-LAHORE

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