The sale mutation is of the year 1975 when the Qanun-e-Shahadat Order, 1984 and its Article 79 prescribing two attesting witnesses was not applicable.

 The sale mutation is of the year 1975 when the Qanun-e-Shahadat Order, 1984 and its Article 79 prescribing two attesting witnesses was not applicable. Instead, the Evidence Act, 1872 held the field, and section 68 thereof.

The present case attracts the proviso to section 68 of the erstwhile Evidence Act because the sale mutation was not specifically denied by the person by whom it purports to have been executed, that is, by the respondent No. 1 herself.

Civil Appeal No. 177-P of 2020 AND C.M.A No. 1064-P of 2020
Jehangir. Versus Mst. Shams Sultana and others