2024 M L D 90
Declaration of title --- Unregistered deed --- Effect --- Unregistered document neither creates any title nor right or interest in suit property as envisaged in S. 49 of Specific Relief Act , 1877 --- Suit for declaration under S. 42 of Specific Relief Act , 1877 on the basis of such document is neither permissible nor maintainable .
Agreement --- Proof --- Non - production of required number of marginal witnesses is non - compliance of mandatory provision of law which is fatal .
Unregistered document --- Exchange deed --- Proof --- Appellants / defendants were aggrieved of judgments and decrees passed by Trial Court and Lower Appellate Court declaring respondents / plaintiffs as owner of suit land --- Validity --- Unregistered deed of exchange comprising immovable property of value of more than Rupees 100 / - per se was not admissible in evidence --- Exchange deed was not a registered document , whereas under S. 17 of Registration Act , 1908 , it was compulsorily , registerable document and without its registration , it could not be considered as a valid document --- Suit for declaration on the basis of unregistered exchange deed was barred under S. 42 of Specific Relief Act , 1877 --- Respondents / plaintiffs did not produce marginal witnesses of exchange deed to negate execution of same without advancing any trustworthy reason in such regard --- Such flaw amounted to withholding of best evidence and presumption under Art . 129 ( g ) of Qanun - e - Shahadat , 1984 operated against respondents / plaintiffs --- No land was transferred in favor of predecessor - in - interest of appellants / defendant by predecessor - in - interest of respondents / plaintiffs , nor any document was produced by respondents / plaintiffs in such regard therefore , exchange of property in favour of predecessor - in - interest of respondents / plaintiffs was not proved --- High Court in exercise of appellate jurisdiction set aside judgments and decrees passed by two Courts below as the same suffered from misreading and non - reading of evidence as well as misapplication of law and suit filed by respondents / plaintiffs was dismissed.
Khalid Mehmood v . Sardaran Bibi
2024 M L D 90
Khalid Mehmood v . Sardaran Bibi
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