Under the law and principle of justice, when mutation is never held to be a document of title and when a negligible presumption is attached to it

 In Abdul Hameed through L.Rs. and others v. Shamasuddin and others (PLD 2008 Supreme Court 140) and Ghulam Farid and another v. Sher Rehman through L.Rs. (2016 SCMR 862), the Apex Court of the country held:

"Under the law and principle of justice, when mutation is never held to be a document of title and when a negligible presumption is attached to it, provided it is proved fairly and its entry and attestation is conducted in the laid down manner, the mere incorporation of it into the “Jama Bandi” and its repetition periodically, would not confer title on the purchaser unless the transaction of sale is independently established, through cogent and convincing evidence. In the case of transaction with illiterate village lady this principle assumes the status of rule of law as in that case the onus of the beneficiary of it becomes manifold. To discharge the burden of proof he has to satisfy the Court of law that the entire transaction was completed in a transparent manner and all the required precautions were faithfully and honestly observed before the attestation of mutation, dispelling every suspicion that it was tainted with fraud and misrepresentation.‟  

Part of Judgment of 

LAHORE HIGH COURT, BAHAWALPUR BENCH, BAHAWALPUR 

Civil Revision
652-11

2018 LHC 667