Beneficiary of document

Stage of disproof or rebuttal would only come into play when the beneficiary of the transaction succeeded to produce positive evidence to prove his case.

Plaintiff claimed that she was owner of plot in question and alleged that transfer application and proceedings before Capital Development Authority in her name were fraudulent proceedings in favour of defendant

Suit filed by plaintiff was decreed in her favour by Trial Court

Validity

Discrepancies and material contradictions present on record proved that beneficiary i.e. defendant did not discharge onus rather he failed to prove due transfer of suit plot in his favour

Defendant withheld independent evidence to prove his claim and made no efforts to produce or call any evidence from Capital Development Authority officials in his favour

Defendant had to discharge onus under Art.117 of Qanun-e-Shahadat, 1984, as beneficiary of transaction of document was obliged / duty bound to prove the same

Trial Court had rightly passed judgment and decree in favour of plaintiff and rightly declared that entire transfer was result of fraud

Appeal was dismissed in circumstances.