Ghulam Muhammad vs Khameso Khan Ss — 2026 MLD 492 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 MLD 492 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: MLD
Parties: Ghulam Muhammad vs Khameso Khan 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

Ghulam Muhammad VS Khameso Khan Ss.42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 17& 79---Suit for declaration and injunction---Document, proof of---Illiterate person---Concurrent findings of facts by two Courts below---Appellant / plaintiff claimed ownership of suit land on the basis registered sale deed---Suit filed by appellant / plaintiff was dismissed by Trial Court and Lower Appellate Court---Validity---When two original attesting witnesses of a document were available, neither scribe of document nor any other witness could be treated as an attesting witness---Document was solely attested by a witness in violation of Art.79 of Qanun-e-Shahadat, 1984---Execution of sale deed was not proved as it was not attested by at least two witnesses, as mandated by Art.79 of Qanun-e-Shahadat, 1984---Appellant / plaintiff and his witness failed to establish as to whether contents of sale deed were read over to respondent / defendant who was an illiterate individual and was its alleged executant---Such omission was critical, as it was essential to prove a document purportedly executed by an elderly illiterate person---Appellant / plaintiff was obligated to prove due execution of sale deed in accordance with law but had failed to do so and there were contradictions in evidence presented by appellant / plaintiff---High Court declined to interfere in concurrent findings of two Courts below as there was no grave injustice or material illegality evident on record---Second appeal was dismissed in circumstances.

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