83/2016 Const. P. Mohammad Suleman (Petitioner) V/S Abdul Rasheed and others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
83/2016 Const. P. Mohammad Suleman (Petitioner) V/S Abdul Rasheed and others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 05-MAR-18
In the present case it was a heavy burden upon the appellant to disprove the execution of such lease or to prove a collusive execution of lease but failed in such attempt. In terms of Articles 70 and 72 of the Qanoon-e-Shahdat Order, 1984 the registered instrument must yield in favour of oral evidence. The registered instrument would always carry a presumption of truth and a very strong and exceptional evidence is needed to dislodge the inference of truthfulness and genuineness of such document. It may have been said by the Deputy Director Land, Lyari that the issue can be resolved by summoning the officer from Excise & Taxation Department who may verify the number but it was not satisfactorily established by the appellant by summoning the witness. Advocates: Ehtasham Zia(ADVO-11994-SBC-KHC),Nasir Rizwan Khan(ADVO-4030-SBC-KHI),M/S. IQRA LAW ASSOCIATES(FIRM-241-SBC-KHI)