2022 SCMR 1054
Plaintiff must succeed on the strength of his own case rather than the weakness of the defendant
Burden of proof ---Scope---"Onus probandi", meaning of---If no evidence is produced by the party on whom the burden is cast, then such issue must be found against him
Deceitful transaction---Burden of proof on plaintiff---Burden of proof for a deceitful transaction rests normally on the person who impeaches it---In a suit for declaration alleging that the sale was fictitious, the onus is on the plaintiff to prove the same---Where the evidence of plaintiff is self-contradictory and not confidence inspiring then he must fail and where the case is doubtful, the decision must be given in favour of defendant rather than the plaintiff
Mutation---Scope and Burden of proof ---Any person who is acquiring title through mutation, the Burden of proof of proving transaction embodied in the mutation is upon him---Mutation itself does not confer or extinguish any right or title and the persons deriving title thereunder have to prove that the transferor did part with the ownership of the property, the subject of mutation in favour of the transferee and that the mutation was duly entered and attested---If the mutation on the basis of which right in the property is claimed, is disputed, the onus of proving the correctness of mutation and genuineness of the transaction contained therein would be on the party claiming right on the basis of such mutation.
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