Shahbaz Shah Legal Journal

Supreme Court of Pakistan

Khurram Rasheed v Ch. Haider Zaman and others

Published on this website

C.P.L.A. No. 4211/2023 (converted into appeal)

Citation: Judgment dated 26 March 2026; approved for reporting; no reporter citation stated in supplied copy

Pakistan | Qanun-e-Shahadat Order, 1984 | Article 117

Case summary

The judgment in brief

In Khurram Rasheed v Ch. Haider Zaman, the Supreme Court restored a trial court decree after finding that allegations of fraud and forgery in a registered house sale were not proved.

Question of law

Who bears the initial burden of proving fraud, forgery or misrepresentation when seeking cancellation of a registered sale deed?

Court holding

What the Court decided

The party alleging fraud must prove it with clear, convincing evidence; unsupported assertions and a mere denial of execution do not shift the initial burden to the deed's beneficiary.

Result

Outcome and directions

Petition converted into appeal and allowed; appellate and High Court judgments set aside; trial court's dismissal of the suit restored.

Practical effect

What the decision means in practice

Petition converted into appeal and allowed; appellate and High Court judgments set aside; trial court's dismissal of the suit restored.

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

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