Faiz Bakhsh

In the Court of Ch. Muhammad Saleem Sahib, Additional District Judge, Multan.

Faiz Bakhsh etc.

Vs.

Kareem Bakhsh etc.

Jist of authorities produced on behalf of the appellant. S. No. 1

CITATION 1992 SCMR 1832

AS HELD Mutation---mutation by itself does not create title and the person deriving title thereunder has to prove the transaction independent of the mutation. Burden of proving transaction is upon him

2

1990 SCMR 629

Mutation---mere mutation does not confer any right.

3

1996 SCMR 1386

Entries in Roznamcha Waqiati and mutation---nature and value of--Raznamacha by itself would not confer any title in view of bar contained in section 49 Registration Act---in corporation of such entry in mutation and attestation of mutation would not confer title under law and transaction embodied therein would have to be established independently

of mutation. 4

PLD 1994 SC 245

S. 42---Land Revenue Act---Entries in Revenue record could neither create nor extinguish title to property---entries in revenue record were maintained mainly for fiscal purposes.

5

1993 MLD 1542

Gift---onus to prove factum of gift would lie heavily on person claiming

to

be

the

donee

(defendant). Mere oral word coupled with possession would not be sufficient. Possession of one co-sharer would be deemed to be possession of all the co-sharers. 6

1983 SCMR 626

Possession of one co-sharer is for benefit of all other co-sharers.

7

PLD 1985 Lah 409

Possession of one co-share enuring also for benefit of other co-sharers. Plaintiffs have right to claim themselves to be in possession of land through other co-sharers.

8

1991 CLC 1783

Evidence Act S. 114 (g)---Where a person had failed to appear as his own witness in support of a contention he had pleaded in his written statement, presumption could be taken against him that he was unable to support his stand and thus for that reason he thought it

better not to appear in the witness box. 9

1995 CLC 1906

Gift---Onus

to

prove---Donee

herself did not appear in witness box to prove factum of gift; services rendered by her (donee) to donor and delivery of possession---absence of donee from witness box was thus fatal to her claim of gift---Qanoon Shahadat Article 118. 10

1998 UC 128

Tamleek

Mutation---any

contemplated

effort

through

collusive transaction, with intent to disinherit real legal heirs, cannot be proved in law, particularly when Tamleek mutation could not be proved to be result of free will, volition and consent of deceased. APPELLANT, Dated: 9.3.2002 Through: Zaffar Iqbal Khan, Advocate, Multan.