Citation Name : 2014 SCMR 1217 SUPREME-COURT Side Appellant : ELAHI BAKHSH through Legal Heirs Side Opponent : MUHAMMAD IQBAL S. 5---Qanun-e-Shahadat (10 of 1984), Art.103---Right of pre-emption ---Whether property sold or exchanged---Burden of proof---Oral statement of a party to an instrument varying or tending to vary its terms---Admissibility in evidence of such oral statement---Alleged exchange of land between S & M and defendants through registered exchange deed---Plaintiffs filed a suit for enforcement of their right of pre-emption , alleging therein that exchange of land in question was actually a sale and as such was pre-emptible---Suit of plaintiffs was decreed---Legality---Burden of proof was on plaintiffs to prove that transaction in question was a sale and not exchange---S and M stated in their evidence in court that their transaction with defendants was one of sale and not exchange---Such oral statements from S and M varied the terms of the deed that they had entered into with defendants---Oral statement of a party to an instrument which varied or tended to vary its terms could not be admitted into evidence (Art. 103 of Qanun-e-Shahadat, 1984), therefore, oral statements from S and M were inadmissible in evidence---Appeal was allowed accordingly and suit of plaintiffs was dismissed.
Posted on: Sun, 11 Jan 2015 03:38:21 +0000
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