NADIR HASSAN vs PROVINCE OF SINDH art — 2026 CLC 141 KARACHI-HIGH-COURT-SINDH

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NADIR HASSAN VS PROVINCE OF SINDH art.117---Decree, grant of---Proving of facts---Onus to prove---Defendant being proceeded against ex parte, plea of---Plaintiff's contentions that defendants have been proceeded against ex parte would be of no legal consequence---a decree cannot be granted merely on account of the absence of some parties when the documentary record itself negates plaintiff's claim. Citation Name: 2026 CLC 141 KARACHI-HIGH-COURT-SINDHBookmark this Case NADIR HASSAN VS PROVINCE OF SINDH S.52---Mutation---Mutation entries are maintained solely for fiscal purposes and by themselves neither confer nor extinguish ownership rights---Ownership of immoveable property cannot be established merely by a mutation entry. Citation Name: 2026 CLC 141 KARACHI-HIGH-COURT-SINDHBookmark this Case NADIR HASSAN VS PROVINCE OF SINDH S.54---Sindh Land Revenue Act (XVII of 1967), S.52---Dispute over land recorded as part of Pinyari Canal since 1953---Plaintiff instituted suit for mandatory and permanent injunction claiming ownership on the basis of gift deed from his mother---Onus to prove---Plaintiff failing to demonstrate title of his mother on the date of gift deed in his favor---Brief facts were that the petitioner instituted a suit for mandatory and permanent injunction in respect of suit land claiming ownership on the basis of a registered gift deed executed by his mother in 1999 and mutation made in his favour in 1999---In 2001, upon seeking certified copies from the Settlement Department, he discovered that parts of his land were recorded as part of the Pinyari Canal since 1953, which he contended was incorrect as his land was never used for canal purposes---The respondent authority maintained that the land had been part of the Pinyari Canal alignment since 1953 and was government property not capable of transfer or gift---Held: Firstly, it was incumbent upon the petitioner/plaintiff to have established the title of the alleged donor as well as the genuineness and validity of the purported gift deed, obligations which he had failed to discharge---Petitioner/plaintiff admittedly had not produced the alleged gift deed and the witnesses---Moreover, he had not approached revenue authorities for correction of record prior to instituting the civil suit---Such admissions were fatal for the petitioner's case---Mere reliance on a mutation as conclusive proof of title was legally untenable---Moreover, it was fatal to petitioner's case, as he failed to demonstrate what title, if any, his mother possessed at the time of execution of the alleged gift deed in his favor---No illegality or material irregularity was found in the impugned judgments and decrees---Present civil revision petition was dismissed, in circumstances. Citation Name: 2026 CLC 141 KARACHI-HIGH-COURT-SINDHBookmark this Case NADIR HASSAN VS PROVINCE OF SINDH "acta publica praesumuntur rite esse acta"---Meaning---Official acts are presumed to have been rightly done. Citation Name: 2026 CLC 141 KARACHI-HIGH-COURT-SINDHBookmark this Case NADIR HASSAN VS PROVINCE OF SINDH S.115---Revisional jurisdiction of the High Court---Scope---This jurisdiction is supervisory in nature and is not to be exercised as if it were a second appeal---Revisional court is not to reappraise the entire evidence or substitute its own conclusions for those of the courts below merely because another view is possible---Interference is justified only in three eventualities; (i) when a subordinate court has exercised jurisdiction not vested in it by law; (ii) when it has failed to exercise jurisdiction so vested; or, (iii) when in exercising jurisdiction it has acted illegally or with material irregularity and such illegality has occasioned failure of justice---Moreover, concurrent findings of fact, if supported by the record and not shown to be perverse, cannot be disturbed in revision---The scope is confined to examining jurisdictional defects or material irregularities; it does not extend to reassessing oral and documentary evidence already considered by the courts below. Citation Name: 2026 CLC 141 KARACHI-HIGH-COURT-SINDHBookmark this Case NADIR HASSAN VS PROVINCE OF SINDH S.52---Presumption of correctness being attached to official record---Scope---Original field-book of settlement department, Ghat Wadh Form and Deh Form, being prepared by public functionaries in discharge of their statutory duties, enjoy apresumption of correctness, which cannot be displaced except by cogent, reliable and independent evidence.

NADIR HASSAN vs PROVINCE OF SINDH art — 2026 CLC 141 KARACHI-HIGH-COURT-SINDH

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