Unless the mutation is of inheritance or it is followed by a registered deed or it is being incorporated on an order of the Court, the same is required to .......................

 Unless the mutation is of inheritance or it is followed by a registered deed or it is being incorporated on an order of the Court, the same is required to be caused in presence of the person whose right has been acquired and it is necessary that such person is identified by two respectable persons preferably Lambardar, Member Union Committee, Union Council or Town Committee. In the absence of fulfillment of the said requirement of law, the factum of entry in the record cannot carry any presumption of truth. Mere entry in the diary or the relevant page of the diary is not a primary evidence, especially when the revenue officer effecting the entry has not himself produced the daily diary before the Court and he has not faced the cross-examination of the rival party.

There are no two views about the proposition that onus is normally on the one who asserts. The person seeking relief fails when he has not led evidence in his support. In the present case, both parties led their respective evidence, thus, the Court has to evaluate evidence on the balance of probabilities and the case is to be decided in favour of one party, unless the evidence of rival arises to the same degree of cogency as is required to discharge the burden in civil matters.

Civil Revision No.296-D of 2012
Mst. Kaneeza Bibi and 4 Others Vs. Sabir Hussain and 3 Others.
Date of hearing 04.10.2022