Pakistan Case Law
1991 SCMR 1362

Malik ZAFAR ALI vs Malik KHALID AZIZ And Other

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Citation1991 SCMR 1362
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.890 of 1989 Writ Petition No.
Date1989-09-19
Judge(s)Saad Saood Jan and S. Usman Ali Shah
Authored byS. Usman Ali Shah
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which had upheld an ejectment order against the petitioner based on the reconstruction of a property. The core legal question was whether a sanctioned plan from a Municipal Committee, relied upon to justify ejectment, required formal proof or if the courts below erred in dispensing with the standard mode of proof for such a document. The Supreme Court dismissed the petition, holding that a plan duly sanctioned by a Municipal Committee constitutes a public document. Consequently, the Court affirmed that such a document is deemed genuine unless proven otherwise, and there is no legal bar to dispensing with the formal mode of proof for such public records. The decision reinforces the principle that public documents, such as sanctioned municipal plans, carry a presumption of genuineness, thereby streamlining evidentiary requirements in ejectment proceedings where such documents are central to the claim of reconstruction.

Questions settled in this judgment
  • Is a plan sanctioned by a Municipal Committee considered a public document?
  • Can the formal mode of proof be dispensed with for a public document in ejectment proceedings?
  • Does a sanctioned municipal plan carry a presumption of genuineness?
ejectmentpublic documentsanctioned planmode of proofreconstructionpresumption of genuineness

ORDER

1. S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, dated 7-6-1989, passed in Writ Petition No.1037 of 1989.

2. The respondents on the basis of re-construction asked the ejectment of the petitioner. He had' produced the original plan already sanctioned-by the Municipal Committee. The Counsel for the petitioner wants that this document relied upon has not been proved and the learned Courts have wrongly dispensed with the mode of proving this document. We agree with the learned Courts below that a public document produced in reliance of the evidence shall be deemed to be genuine unless proved contrary to it. The plan duly sanctioned by the Municipal Committee is a public document, thus we feel no bar in a case the mode of proof of such a document is dispensed with.

3. Hence no case is made out for the grant of leave to appeal. The same is accordingly dismissed.

Cited by 3 cases

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