Is not a deed of title and is merely inductive of some previous oral sale between the parties

15. In “Fida Hussain through Legal Heirs Muhammad Taqi Khan and others. v. Murid Sakina” (2004 SCMR 1043) it was observed by the August Supreme Court that “it is known principle of law that a mutation is not a deed of title and is merely inductive of some previous oral sale between the parties. This principle being in view, whenever any mutation is challenged, the burden squarely lies on the beneficiary of the mutation to prove not only the mutation but also the original transaction which he is acquired to fall back upon”. Similar view was taken in “Abdur Rasheed through L.Rs and others v. Manzoor Ahmad and others” (PLD 2007 SC 287)

Part of Judgment
Lahore High court
Civil Revision
2504305.125-17
2018 LHC 3528

0 comments:

Post a Comment

Powered by Blogger.

Case Law Search