Sale mutations, genuineness of—Proof—Illiterate lady 2019 S C M R 567 [Supreme Court of Pakistan]

Transfer of Property Act (IV of 1882), S. 54—Sale mutations, genuineness of—Proof—Illiterate lady—Fraudulent and sham transactions—Petitioners/vendees were the beneficiaries of the alleged sales and they were supposed to prove and establish the genuineness of sales in their favour—Only evidence on behalf of petitioners available on the record was the statement of son of one of the alleged vendees/petitioners—Said statement was nothing less than a hearsay statement as it was made by a person who himself was not the witness of the alleged transactions—Claim of petitioners that marginal witnesses of the mutations were not produced before the court as they had died would not discharge the burden on the petitioners—Nothing on record established that said witnesses had died—Neither the revenue officials were produced nor any person before whom the transaction of sale took place or before whom sale consideration was paid—Record also did not indicate whether any well-wisher of the vendor, who was an illiterate lady, was present at the time of the alleged transactions—Attestation of mutations was delayed for many months without any justified explanation for such delay—Suit filed by vendor-lady challenging the sale mutations was rightly decreed by the appellate Court—Petition for leave to appeal was dismissed and leave was refused.

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