MUSHTAQ vs Mst — 2025 PLD 434 SUPREME-COURT

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MUSHTAQ VS Mst. FATIMA Ss. 5 & 17---Suit for recovery of dower amount---Dower deed---Proof---Suit was filed by respondent/plaintiff who was widow of deceased brother of petitioners/defendants, to recover her articles as per dower deed---Suit and appeal filed by respondent/plaintiff were dismissed by Trial Court and Lower Appellate Court respectively for not producing two attesting witnesses---High Court in exercise of Constitutional jurisdiction decreed the suit in favour of respondent/ plaintiff---Validity---To meet burden of proof regarding execution of dower deed duly attested by two witnesses, it was sufficient for respondent/plaintiff to present original document (dower deed) during Court proceedings and one of two attesting witnesses, along with the testimony from persons who were present at the time of its execution---Statement of such witnesses not only confirmed execution of dower deed but also provided relevant context or information surrounding its execution---Respondent/plaintiff had successfully proved execution of dower deed and once execution of dower deed was proved, non-rebuttable presumption had arisen regarding amount of dower specified in that document---Such presumption held significant legal weight as it confirmed agreed-upon financial settlement between both the parties---Supreme Court declined to interfere in judgment passed by High Court as it had acted appropriately in revisiting matters and ensuring that principles of law were correctly applied---Petition for leave to appeal was dismissed and leave was refused.

MUSHTAQ vs Mst — 2025 PLD 434 SUPREME-COURT

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