-Suit for cancellation of mutation and declaration---Second appeal--- Financial liability---Proof--- Single witness, production of--

 2021 MLD 608

Punjab Land Revenue Act (XVII of 1967)---

----S.42---Qanun-e-Shahadat (10 of 1984), Art.79---Suit for cancellation of mutation and declaration---Second appeal--- Financial liability---Proof--- Single witness, production of--- Plaintiff/petitioner assailed mutation of sale in favour of defendant/respondent on the plea of fraud--- Suit was decreed by Trial Court in favour of plaintiff/petitioner but Appellate Court reversed the findings and dismissed the suit--- Validity--- Mutations in question containing sale transactions were documents pertaining to financial liability and were required to be proved as per yardstick laid down in Art.79 of Qanun-e-Shahadat, 1984--- Examination of only one marginal witness by beneficiary was not enough to meet with legal requirement--- Mutations in question were not liable to be taken as evidence as neither their attestation was established nor sale transaction embodied therein was proved, when other marginal witness while appearing on behalf of plaintiff/petitioner created serious doubts in the veracity of disputed mutations--- Plaintiff/petitioner proved that alleged transaction never happened and mutations in question were manoeuvred through. collusiveness-- High Court set aside judgment and decree passed by Lower Appellate Court as the same was tainted with misreading/non-reading of evidence and was suffering from jurisdictional defect---