S. 5---Qanun-e-Shahadat (10 of 1984), Art. 129, illus. (e) & Chap. VI, [Arts.102 to 110]---Exclusion of oral evidence by documentary evidence---Nikahnama, contents of--

 Citation Name: 2019 MLD 758
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FAYAZ HUSSAIN VS ADDITIONAL DISTRICT JUDGE

S. 5---Qanun-e-Shahadat (10 of 1984), Art. 129, illus. (e) & Chap. VI, [Arts.102 to 110]---Exclusion of oral evidence by documentary evidence---Nikahnama, contents of---Scope---suit for recovery of house as dower filed by wife was concurrently decreed in her favour by two Courts below---Plea raised by husband was that house mentioned in Nikahnama was of 5 Marlas whereas two Courts below passed decree for house of 10 Marlas---Validity---Nikah Nama was public document and presumption of truth was attached to entries made therein---Where there was gross misreading, non-reading or jurisdictional defect flouting on the surface of record, High Court was justified to interfere with the same under its Constitutional jurisdiction to undo injustice---High Court modified judgments and decrees passed by two courts below and decreed the suit to the extent of house measuring 5 Marlas with necessary amenities or in alternate its market price---Claim of wife contrary to the terms and conditions of Nikah Nama was dismissed--Constitutional petition was allowed accordingly.