2020 YLR 529 PESHAWAR-HIGH-COURT
SAMI ULLAH VS AQAL MAND
S. 42---Qanun-e-Shahadat (10 of 1984), Arts. 67 & 77---Suit for declaration---limitation---inheritance---Secondary evidence, production of---Requirements--- Gift--- Proof of---Procedure---Contention of plaintiff was that gift mutation was based on fraud and misrepresentation whereas defendants had contended that plaintiff had gifted suit property in their favour---Suit was decreed concurrently---Validity---Defendants had alleged that they had lost original deeds and had produced photocopy thereof without obtaining permission to produce secondary evidence---Even attested copies of official record were never produced by the official concerned from the official custody---Evidence produced by the defendants could not be given preference over the evidence of plaintiff in circumstances---Defendants were bound to prove transaction of impugned mutation by producing at least the marginal witnesses of the same but they had not produced the said witnesses---Defendants had failed to establish alleged gift through impugned mutation---Right of inheritance could not be defeated on technicalities---Plaintiffs were direct legal heirs of their predecessor and they had claimed their shari share in the suit property during their life time---Suit was within time---Revision was dismissed, in circumstances
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