Ahamed Lebbe Hadiar Athamlevvai v. Fousiya Ummah Abdul Cader – SC APPEAL NO: 164/12-2022

In the case between AHAMED LEBBE HADIAR ATHAMLEVVAI (Plaintiff/Appellant) and FOUSIYA UMMAH ABDUL CADER (Defendant/Substituted Defendant), the court addressed the issue of whether a title deed marked “subject to proof,” tendered as evidence without an attesting witness under Sections 68 and 69 of the Evidence Ordinance, could be accepted to support title in a rei vindicatio action. It was held that compliance with statutory requirements of proof for documents requiring attestation is mandatory, and failure to call at least one attesting witness renders such a deed unproved and inadmissible. The holding reaffirmed the principle that in rei vindicatio actions, the onus to establish title is on the plaintiff, and deficiencies in proving the execution of the title deed are fatal to the claim.