ANWAR HUSSAIN And Others vs FATEH ALI And Other
This matter arises from a petition for leave to appeal against the judgment of the Lahore High Court, which dismissed the petitioners' Civil Revision arising out of a declaratory suit. The predecessor-in-interest of the respondents had sold a portion of disputed land to the petitioners through registered deeds, but later filed a suit seeking a declaration and annulment of the sale, claiming she had not executed the deeds. The trial court decreed the suit, and the appellate and revisional courts affirmed the finding. The core legal question concerned the effect of failing to produce the original sale deeds and the resulting evidentiary presumption. The Supreme Court held that the failure to produce the original deeds raised a strong presumption against the petitioners, and attempts to summon a witness could not cure this omission. The petition for leave to appeal was accordingly refused, establishing that the withholding of primary documentary evidence like original sale deeds justifies an adverse factual presumption against the party holding them.
- What is the evidentiary effect of failing to produce original sale deeds in a suit challenging the execution of a transaction?
- Whether the non-production of primary documentary evidence raises a presumption against the party withholding it?
- Can the failure to produce original deeds be compensated by summoning other witnesses to prove the transaction?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 25th February, 1986, of the Lahore High Court; whereby petitioners' Civil Revision arising out of a declaratory suit, was dismissed.
2. According to the facts given by the learned counsel Mst. Walayat Bibi the predecessor-in-interest of the respondents sold 14 Marlas 21, S. The disputed land out of 2 Kanals 18 Marlas to the petitioners through registered deeds. She, however, disowned the transaction as also the execution of the deeds and filed a suit for seeking a declaration to that effect and annulment of the sale. The suit was decreed on the finding of fact that she had not executed the deeds. The appeal and revision of the petitioners having been dismissed, they have now sought leave to appeal.
3. The main consideration which weighed with the learned Judge of the High Court while affirming the findings of fact against the petitioners is that they failed to produce the original deeds of sale.
4. That being so, a strong presumption could be raised against them that they did so in order to deprive the respondents of an opportunity to disapprove the execution by producing cogent evidence including that of the expert. The technical argument regarding the onus raised before the High Court was properly answered.
5. Learned counsel for the petitioners has raised the same technical argument and also brought to our notice the fact that an application was made by the petitioner side before the learned trial Court seeking the summoning of Muhammad Sadiq Lumberdar who would have proved the transaction.
6. This in no way advances the case of the petitioners in absence of the original deed which was not produced before the trial Court nor before the appellate and revisional Courts. The presumption raised by the High Court against the petitioners in this behalf will continue to operate against them.
7. After hearing the learned counsel we are satisfied that the findings of fact reached by the learned Courts below do not suffer from any substantial defect. Leave to appeal accordingly, is refused.
Cited by 7 cases
- KHADIM HUSSAIN vs GOVERNMENT OF BALOCHISTAN EDUCATION 2018 PLC (C.S.) 417
- Sohail Tufail vs Secretary Health, etc 2015 C.L.R. 1399
- Sohail Tufail. vs Secretary Health etc. 2015 LHC 3956
- SOHAIL TUFAIL vs SECRETARY HEALTH, GOVERNMENT OF THE PUNJAB, LAHORE 2016 PLC (C.S.) 766
- ABDUL SATTAR KHAN DURRANI and others vs PROVINCE OF BALOCHISTAN 2015 PLC (C.S.) 489
- MUHAMMAD ALI SATAKZAI and others vs APPOINTING AUTHORITY OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGES and others 2011 PLC (C.S.) 78
- KHADIM HUSSAIN vs GOVT. OF BALOCHISTAN, EDUCATION DEPARTMENT 2017 PLJ Quetta 76