Mutation confers no title and once a mutation is challenged, the party relying thereon is bound to revert to the original transaction and to prove such original transaction, which resulted into the entry of attestation of such mutation.

Transaction germane to property with a pardanasheen lady.

The parameters and conditions to be fulfilled in a transparent manner.

Old and illiterate ladies are entitled to the same protection which is available to the Parda observing lady under the law.

After specific denial of execution of the disputed sale mutation by the respondent and non-making of thumb impression over the same, the petitioner did not make any exertion to get compared the thumb impression of the respondent by moving an application in this regard before the learned trial Court; meaning thereby the stance taken up by the respondent in this regard has not been negated by the present petitioner rather in an implied manner has admitted the same. The petitioner could not produce the witnesses in whose presence the disputed mutation was entered into revenue record and the revenue officer, who attested the mutation was also not produced; therefore, adverse presumption as per mandate of article 129(g) of Qanun-e-Shahadat Order, 1984 arises against the petitioner that had the said witnesses been produced in the witness box, they would not have supported the stance of the petitioner.

Civil Revision No.11729 of 2019
Rasheed Ahmad Versus Azra Parveen (deceased) through L.Rs. and others
Date of Hearing: 28.02.2024
2024 LHC 894