2022 CLC 947
Entries in Nikahnama ,--- Proof --- Concurrent findings of facts by two Courts below --- Withholding of evidence --- Presumption --- Suit for recovery 5 Marla house as dower amount filed by respondent plaintiff was decreed in her favour , as the same was mentioned in Nikahnama --- Validity --- Nikahnama was to be examined as a simple contract between parties without any presumption of truth attached to it --- Petitioner's copy (پرت ) of Nikahnama was his best evidence and by producing that copy ( پرت) of Nikahnama petitioner could have dispelled statement of Nikah Registrar that he forgot to fill conditions of Nikah only in " fourth copy " (پرت ) prior to submitting the same in Union Council concerned under the law --- In absence of such copy there was no reason in disbelieving unshaken testimony of respondent / plaintiff , her witness as well as scribe of Nikahnama --- Non - production of his own copy of Nikahnama led to an adverse inference against petitioner as the best evidence in such regard was withheld by him --- Case of petitioner fell within the purview of Illustration ( g ) to Art . 129 of Qanun - e - Shahadat , 1984.
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