Supreme Court of Pakistan

Ghani Rehman (deceased) and others v. Masal Khan (deceased) and others

Published on this website

Civil Appeal No. 19-P of 2015 out of CPLA No. 192-P of 2009

Citation: Approved for reporting; reported citation not stated in supplied copy

Pakistan | Evidence Act, 1872 | Section 68Pakistan | Qanun-e-Shahadat Order, 1984 | Articles 79 and 129(g)

Background

Background

The Supreme Court held that a 30-year-old document receives only a discretionary presumption and cannot prove title where the transaction, land identity and official revenue record remain doubtful.

The plaintiff sought redemption and possession of land that his predecessor had mortgaged. The defendants claimed that the same predecessor had sold approximately six kanals to their predecessor through an unregistered deed dated 25 July 1932, followed by Mutation No. 63 in 1936. The trial court dismissed the suit, but the first appellate court decreed it and the Peshawar High Court dismissed the defendants' revision.

Questions of old-document proof, mutation and title

Whether an unregistered 1932 sale deed and Mutation No. 63 of 1936, supported by cultivation entries, proved a valid transfer of ownership despite inconsistencies, failure of attestation proof and non-production of the official mutation record.

Court holding

What the Court decided

No. The old-document presumption was discretionary and not conclusive. The deed, identity of the land and underlying sale were not proved through reliable evidence; cultivation and mutation entries could not independently confer title; and withholding the pert sarkar justified an adverse inference.

Final outcome

Final outcome

The appeal was dismissed with no order as to costs. The appellate decree in favour of the plaintiff, as maintained by the Peshawar High Court, remained undisturbed.

Practical effect

What the decision means in practice

The appeal was dismissed with no order as to costs. The appellate decree in favour of the plaintiff, as maintained by the Peshawar High Court, remained undisturbed.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

Pakistan relevance

Pakistan relevance

In Pakistani land-title litigation, counsel should prove the transaction, the identity of the parcel and the nature of the rights transferred as separate links. The complete mutation file, including the pert sarkar, attestation evidence, khasra linkage, ownership entries and later dealings should be secured before treating a revenue entry as support for title.

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Later treatment

Later treatment

The supplied copy is marked approved for reporting but states no reported citation. No later judicial treatment has been added as of 2 September 2026. Verify the official Supreme Court copy, reported citation and subsequent treatment before formal reliance.

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Order of Justice Shakeel Ahmad8 paragraphs

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