Under Article 17 read with Article 79 of the Qanun-e-Shahadat Order, 1984, it is the duty of the beneficiary/respondents to prove the alleged exchange deed by producing the marginal witnesses but the respondents have failed to produce the same. The non-production of the required marginal witness is non-compliance of the aforesaid mandatory provisions of law which is c fatal for the case of the respondents.
KHALID MEHMOOD and others Versus SARDARAN BIBI and others.2024 MLD 90
It is settled law that document which is not a registered it could not be produced as secondary evidence.
If a document is required to be compulsorily register-able but same was not got registered, such document would be inadmissible in evidence and it could not be relied upon for conferring rights and interest of the parties, even if same was allowed to be produced or exhibited in evidence.
The deed of agreement is admittedly an unregistered document which would neither created any title nor right or interest in the suit property as envisaged in section 49 of B the Specific Relief Act, 1877, as such, suit for declaration under Section 42 of the Act ibid on the basis of such document is neither Permissible nor maintainable.
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