180/2020 H.C.A Mst. Bhalan & others (Appellant) V/S Muhammad Asif Sakaria & others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
Order Date: 22-NOV-23
The ???embezzlement??? alleged by the Appellants/Plaintiffs in 2003 would have been in relation to the registered conveyance deeds of 1992, and still, Mohammad did not take any positive action to safeguard his rights up to the time of his death (he passed away on 13.01.2005). The second point is that the next conveyance of the Suit Properties took place through sale deeds duly registered in the years 2005 and 2007. The sale was registered after the death of Muhammad. This time, it was the onus of the legal heirs of Muhammad to remain vigilant, especially when apparently they had knowledge of the ???embezzlement??? in the year 2003. There is nothing on record to show that Muhammad and the legal heirs of Muhammad were not indolent. Nothing on record demonstrates their vigilance. The admission made by the legal heirs of Muhammad in clear terms in the Plaint disentitles the Appellants/Plaintiffs from raising any challenge to the Impugned Order of the trial court. The Appellants/Plaintiffs were well aware of the presumption of truth associated with a sale/conveyance deed that is duly registered under the Registration Act, 1908. The Appellants/Plaintiffs neither produced nor relied upon any document which prima facie could be deemed or interpreted to rebut such a presumption. This aspect of the matter did not and does not help the cause of the Appellants/Plaintiffs. In the circumstances, Appeal is dismissed.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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