Once a Document is Lawfully Proven, its Genuineness is Presumed unless Specifically Rebutted --- Lahore High Court, Lahore

Islamabad 21-11-2024: In a significant ruling, the Lahore High Court dismissed a Civil Revision Petition in [Civil Revision No. 1750 of 2015], affirming the decision of the appellate Court regarding a disputed property mutation. Mr. Justice Sultan Tanvir Ahmad delivered the judgment, reinforcing key principles related to the evidentiary value of documents and the burden of proof in cases involving allegations of fraud.

The dispute originated from a suit filed by Muhammad Khan (now deceased, represented by his legal heirs) challenging the inclusion of 9 marlas of his residential property in a mutation (No. 6431) dated August 30, 1993. The petitioner alleged fraud by the respondent in collusion with revenue officials. The Trial Court ruled in favor of the petitioner, decreeing that the mutation was fraudulently attested. However, the appellate Court overturned this decision, dismissing the suit.

The petitioner sought a Civil Revision in the Lahore High Court, claiming that the appellate Court had misread the evidence and shifted the burden of proof improperly.

Mr. Justice Sultan Tanvir Ahmad dismissed the revision petition, upholding the appellate Court’s decision on the following grounds:

1. The Court emphasized that once a document is lawfully proven, its genuineness is presumed unless specifically rebutted. Referring to Muhammad Mumtaz Shah (2023 SCMR 1155), the Court highlighted the principle of “acta probant sese ipsa” (documents speak for themselves).
2. The Court observed that the petitioner failed to provide concrete evidence of fraud, relying instead on vague and contradictory testimonies. It reiterated that the burden to prove fraud lies with the party making the allegation.
3. Reinforcing the principle that the document itself is the best evidence of its contents, the Court cited Abdul Aziz (2022 SCMR 842), dismissing the need for secondary evidence in the absence of credible challenges to the document.
4. The judgment referenced Muhammad Afzal (2020 SCMR 197) to explain that not producing attesting witnesses is irrelevant when the execution of the document is not denied.
5. The Mr. Justice Sultan Tanvir Ahmad supported the appellate Court’s cogent reasoning and well-evaluated evidence, citing Amjad Ikram (2015 SCMR 1) to affirm that appellate Court findings prevail over trial Court judgments when based on sound legal principles.

The Lahore High Court concluded that the appellate Court had rightly dismissed the suit and dismissed the revision petition. The decision underscores the importance of specific and substantiated allegations in fraud cases and affirms the evidentiary weight of written documents in Civil disputes.

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