84/1997 Civil Revision Allah Bux Khan and others (Applicant) V/S Iqbal Ahmed and others (Respondent)

84/1997 Civil Revision Allah Bux Khan and others (Applicant) V/S Iqbal Ahmed and others (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 15-FEB-19

An attempt was made by the applicant / defendant while cross examining the plaintiffs witness to establish a case but nothing came out of the cross-examination as not even material questions were suggested. All assertions on oath almost went unrebutted. The share of Ahmed Khan and the mutation in the record in favour of his two sons was never challenged either in the shape of evidence / witnesses or cross-examination. Further the transactions in the shape of sale deeds by his two sons and then by subsequent buyer Deedar Ahmed Khan in favour of plaintiff / respondent also remained unchallenged along with revenue entries. The judgment and decree, which was referred by the applicant / defendant in the written statement, remained a discussion only to the extent of pleadings as the same was never unearthed. The said judgment, thus, has not seen the light of the day as far as record of this case goes. On the basis of these long standing entries in the revenue record and/or documents no adverse presumption could be attached in the absence of any challenged to them.