Muhammad Zubair vs Mst — 2025 YLR 2779 LAHORE-HIGH-COURT-LAHORE

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Muhammad Zubair VS Mst. Zamrood Jan Ss.8 & 42---Suit for declaration of an immoveable property---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Alleged sale of land, challenge to---Dispute regarding execution of sale deed---Onus to prove---Beneficiary of a document to prove the transaction of sale---Principle---Producing revenue officials in order to prove sale transaction, importance of---Producing independent witness in support of an alleged sale---Requirement and importance---Present matter revolved around the dispute as to whether the petitioners/plaintiffs, claiming to be legal heirs of the deceased, could successfully challenge the sale deed in question and the subsequent mutation relating to the suit land---They asserted that the said documents were fictitious, fraudulent, forged, and without consideration---The core issue of the matter was regarding the validity of these transactions and whether the petitioners/plaintiffs were entitled to declaration of ownership and possession of the disputed land---Held: Onus was upon the respondent/ defendant who was beneficiary of the document i.e. sale deed to prove the transaction of sale, payment of consideration, execution of document in the presence of credible witnesses and availability of funds to pay the sale price---It was discernable from the statement of DW-1, special attorney of respondent/defendant and witness of the sale deed that he could not prove cash payment which was shown in the sale deed or claimed to have been paid by the respondent/defendant---The entire statement of DW-1 was unworthy of any credence and was otherwise inadmissible in law---In view of the statement of DW-1 as attorney of respondent/defendant wherein he had not supported the plea of respondent regarding payment of sale price, it was necessary for the respondent to appear as a witness to explain her position which was not done on the plea that she did not appear in the court---Despite admission of DW-1 that for the purpose of execution and completion of power of attorney in his favour she did come to kutchery, therefore, the plea for non-appearance was rightly not accepted by the trial court and as a consequence adverse presumption was rightly drawn against the respondent/ defendant for withholding the best evidence under Art.129(g) of Qanun-e-Shahadat, 1984---It was manifest from evidence of the respondent/ defendant that no independent witness of the settlement of bargain or execution and registration of sale deed was produced to support and prove the alleged transaction of sale or execution of sale deed---None of the pivotal role-players such as patwari, tehsildar, sub-registrar, stamp vendor or deed writer were produced in evidence---It was a case in which no independent witness was produced in support of the alleged sale---For the above reasons, the impugned judgment of the District Court was set aside and the judgment of the trial court was restored---Present civil revision petition was allowed, in circumstances. Citation Name: 2025 YLR 2779 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Zubair VS Mst. Zamrood Jan O.VI, R.7---Evidence beyond pleadings---Admissibility---Prohibition---Evidence can be produced to prove the facts founded in the pleadings and evidence beyond pleadings or different from the pleadings cannot be considered as admissible and even if it is inadvertently brought on record the same cannot be relied upon or considered.

Muhammad Zubair vs Mst — 2025 YLR 2779 LAHORE-HIGH-COURT-LAHORE

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