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1927 Supreme(Lah) 3
Lahore High Court
Zafar Ali, J.
Secretary of State - Appellant
Versus
Hakim Singh & Anr. - Respondent
Decided On : 22-12-1927
JUDGMENT
Zafar Ali, J. - Nobody appears in this Court on behalf of the respondents.
2. The plaintiff had by a registered deed gifted certain houses to his sons but his case was that the gift was inoperative and invalid and had never been acted upon because possession had never been delivered to the donees. But he produced no evidence whatsoever in support' of this plea and the trial Court dismissed his suit for a declaration that the houses belonged to him. On appeal the learned District Judge decreed his suit finding that the gift was invalid because it was not followed by delivery of possession But in the deed itself it was recited that possession had been delivered to the donees. A party who executed and registered a document should prove that a recital made therein was incorrect. In Chandra Kunwar v. Narpat Singh [1907] 29 All. 184 their Lordships of the Judicial Committee held that "what a party himself admits to be true may reasonably be presumed to be so" and until the presumption was rebutted the fact admitted must be taken to be established. In that case also there was an admission in a document. As in the present case the admission in question made in a registered deed was not shown to be incorrect, it must be taken to be correct and the plaintiff's suit must tail. I, therefore, accept the appeal, set aside the order of the lower 'appellate Court and restore that of the trial Court. The plaintiff shall pay the defendant's costs throughout.
