MUHAMMAD ASIF vs AMJAD IQBAL Ss — 2025 SCMR 667 SUPREME-COURT

Case information

Citation: 2025 SCMR 667 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: MUHAMMAD ASIF vs AMJAD IQBAL 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 ASIF VS AMJAD IQBAL Ss. 42 & 54---Suit for declaration and injunction---Mutation of sale---Plea of abduction and coercion raised by plaintiff---Not proved---Respondent/plaintiff assailed sale mutation attested in favour of appellant/defendant on the plea that the same was a result of coercion while keeping him in illegal confinement---Suit was decreed by Trial Court in favour of respondent/plaintiff, whereas appeal and revision filed by appellant / defendant were dismissed by Lower Appellate Court and High Court respectively---Validity---Upon filing of suit and after that making a statement before Court on oath that he/she has not made the transaction and the instrument, the onus to prove such instrument shifts and the beneficiary must prove the transaction as well as valid registration/attestation of document---Respondent/plaintiff was a grown-up married person having a daughter, who pleaded that he was abducted by appellant/defendant who kept him in abduction for 4-5 days and got mutation in question attested and denied transaction of sale in favour of appellant/defendant---It was prime duty of respondent/plaintiff to prove the case pleaded by him but he failed to prove the same---Appellant /defendant produced Patwari as well as revenue officials in the court as witnesses, who had attested mutation in question and they fully supported the entrance and attestation of mutation---Supreme Court set aside judgments and decrees passed by three Courts below and dismissed the suit filed by respondent/plaintiff---Appeal was allowed.

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