The Supreme Court has held that a party alleging fraud, forgery or misrepresentation in a registered sale deed is required to establish the allegation through clear and reliable evidence, and that mere general allegations or denial of a registered document does not shift the initial burden of proof to the other party.
SC says fraud claim against registered sale deed must be proved by claimant
ISLAMABAD, Oct 2 (APP):The Supreme Court has held that a party alleging fraud, forgery or misrepresentation in a registered sale deed is required to establish the allegation through clear and reliable evidence, and that mere general allegations or denial of a registered document does not shift the initial burden of proof to the other party.
A two-member bench comprising Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan gave the ruling while deciding CPLA No.4211/2023. The court converted the petition into an appeal and allowed it, setting aside the judgments of the Lahore High Court and appellate court and restoring the trial court’s decision.
The court observed that under Article 117 of the Qanun-e-Shahadat Order, 1984, the burden of proving a fact lies upon the person who asserts its existence for determination of a legal right or liability.
It clarified that a party alleging fraud, forgery or misrepresentation must prove the allegation through clear and convincing evidence. General allegations and mere oral assertions could not shift the initial burden of proof to the opposite party.
The court further held that even a mere denial by the signatory of a registered sale deed was insufficient to shift the burden of proof onto the party seeking benefit from the registered document.
In the instant case, the plaintiffs failed to produce reliable evidence establishing fraud, forgery or misrepresentation in the preparation of the registered sale deed dated August 21, 2000. In contrast, the petitioner produced both attesting witnesses to the sale deed before the court, whose testimony was found consistent and reliable.
The Supreme Court observed that the trial court had correctly assessed the evidence and applied the settled legal principles in dismissing the suit, whereas the appellate court and the High Court had failed to properly appreciate the evidence and apply the law.
The court set aside the Lahore High Court judgment dated September 26, 2023 and the appellate court judgment dated January 12, 2012, while maintaining the trial court judgment dated September 29, 2011.
