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Mere production of copies of Girdawari was not enough when no official witness was called for or record procured to prove possession.

 Mere placement of copies of Girdawari and shielding behind presumption of correctness, in respect thereof, is not enough when factum of possession was denied specifically. Nothing is available on record that any application for appointment of local commission was made to prove claim of possession. Reliance on Article 126 of the Qanoon-e- Shahadat Order, 1984 is misplaced – even if submission is examined in the context of section 110 of the Evidence Act 1872. Ownership cannot be claimed based on executory agreement; enforcement whereof was sought and had to be proved before claiming rights therein.

Civil Revision. No. 1583/2010
Mahmood Khan, etc Versus Bashir Ahmad, etc








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