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---Oral bargain, assertion of---Proof---Deficiency---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 oral bargain between the parties---Validity---Record revealed that the written statement was silent about the names of the witnesses of oral bargain, the agreement as well as the place and time when the bargain took place---The defence was setup in preliminary objections, whereas, on merit paragraphs of the plaint were evasively denied by simply stating that the facts stated therein are incorrect---Written statement was silent as to the witnesses of oral bargain; later one witness for defendants' side (claimed to be their tenant ) was introduced to fill the said gap, who also failed to produce any receipt of rent or payment of utility bills by him of the premises-in-question ; he claimed that documents reflecting payments of rents or utility charges were at his home but never bothered to produce such documents until today---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 were part of gang of land grabbers; his statement was supported by the lambardar as Plaintiff's Witness, through coherent evidence---Petitioners had failed to convince about 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 circumstance.

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

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