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Muhammad Ramzan vs Haleema Bibi Ss — 2025 MLD 847 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 MLD 847 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
MLD
Parties
Muhammad Ramzan vs Haleema Bibi Ss
Subject matter
Civil

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 VS Haleema Bibi Ss. 42 & 54---Suit declaration and injunction---Documentary and oral evidence---Preference---Petitioners / plaintiffs claimed to be the legal heirs of deceased owner of suit property who had registered sale deed in favour of their predecessor-in-interest---Validity---Pleadings can neither be treated as evidence nor documentary evidence can be brushed aside on account of weak oral testimony of plaintiffs, more particularly when the case is that of inheritance and based on a registered document, which is more than 58 years old and holding the field---Disconnect in the pleadings of petitioners / plaintiffs and also oral evidence was not convincing for High Court to non-suit them when clearly registered document in favour of the predecessor-in-interest of petitioners / plaintiffs was available on record---Document in favour of respondents / defendants was a sale deed dated 29-03-2003 that acknowledged the fact that the suit property was ancestral and was not self-acquired property of predecessor-in-interest of respondents / defendants under prior unregistered document---High Court set aside concurrent findings of facts by two Courts below as both the Courts below erred in appreciating legal question involved and also could not appreciate the material documentary evidence on record---Suit filed by petitioners / plaintiffs was decreed in their favour---Revision was allowed, in circumstances.

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