SAHIBZADA LIHAZ GUL versus MUHAMMAD ANWAR
The suit for possession by way of settlement of the mortgage of the section 8 was placed in mortgage with the defendant's predecessor in the suit, neither party raised any objection to the mortgage of the suit property, therefore, from either side. In the absence of any objection, it was proved that the suit house was mortgaged with the plaintiff's predecessor and it was claimed that he had purchased the suit property through unregistered proceedings while the defendants also registered the unregistered sale. Defendant claims to have bought suit property by claiming that the plaintiff had established his case by being reliable and convincing evidence, he Reviewed the shopkeepers who stated that they had sold the property in question to the plaintiff and that the sale agreement presented by the defendants was a fake document and the accused could not provide any documents in support of the purchase / exchange of the property. In order to properly appreciate the evidence on record that failed to prove the purchase of the landed property in the lower courts, the High Court reviewed the plaintiff's case and set aside the judgment and decisions passed by him.
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