INAYAT AND OTHERS vs NAWAB KHAN — 1971 PLD 938

Citation: 1971 PLD 938

Court: Lahore High Court

Year: 1971

Decision Date: 1971-06-29

Parties: INAYAT AND OTHERS vs NAWAB KHAN

Headnotes

Case cited as PLD 1971 Lahore 938

Judgment Text

Court Name: Lahore High Court Judge(s): A. R. Sheikh Title: INAYAT AND OTHERS vs NAWAB KHAN Case No.: Civil Revision No, 67 of 1965 Date of Judgment:1971-06-29 Reported As: PLD 1971 Lahore 938 Result: Petition accepted JUDGMENT JUDGMENT Nawab Khan respondent brought a suit against Inayat and four others, petitioners, for possession of land (details of which appear in the plaint). The suit was based on the contention that sometimes in the month of February 1960, petitioner No, 1 told the respondent that the land in suit was available for purchase for a sum of Rs, 7,000.00, and if he so desired, it could be purchased for him. The parties being closely related, a sum of Rs, 7,000.00 was paid by the respondent to petitioner No, 1 for the purpose and in this connection a document (copy Exh. P. W. 3/1) was stated to have been executed on the 18th of February 1960. It was further averred in the plaint that instead of purchasing the suit land for the respondent, the petitioners have purchased it for Rs, 5,000.00, out of the money so advanced. The petitioners contested the suit and denied execution of the document and also raised objection as to its admissibility, being insufficiently stamped. 2. The original document was not produced, as the same was stated to have been lost in a previous litigation between the parties for recovery of the balance amount of Rs, 2,000.00, out of the total sum advanced. Accordingly, secondary evidence, in the form of a photostat copy of the document…

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