Law:

Section:

(a) Specific Relief Act (I of 1877)-- ----Ss. 8 & 42---Qanun-e-Shahadat (10 of 1984), Arts. 73, 74 & 100--­Registration Act (XVI of 1908), Ss. 17 & 49---West Pakistan Land Revenue Act (XVII of 1967), S.39---Transfer of Property Act (VI of 1882), S.53-A--­Limitation Act (IX of 1908), Art. 144---Suit for declaration and possession--­Plaintiffs claiming to be owners of suit land having been purchased by their predecessor-in-interest, prayed for its possession and for declaration of their title and in alternative having same matured by prescription---Suit was decreed by Trial Court, but was dismissed by Appellate Court---High Court in revision set aside of Appellate Court and restored that of Trial Court---Validity---Important piece of evidence in support of plaintiffs' claim was copy of unregistered and unstamped agreement to sell---Photo copy of agreement had been exhibited in evidence without directing production of original document and without leave of Court to lead secondary evidence after proof of loss or destruction of original one---Plaintiffs who had not pleaded loss or destruction of original agreement, thus, were guilty of withholding best available primary evidence---Since contents of such document purported to transfer absolute ownership of land, same required compulsory registration irrespective of fact, whether such document was agreement of sale .or sale-deed---Such document being inadmissible in evidence, no presumption as to its correctness or validity could arise---Such document lacking necessary particulars in respect of identity of land and being unregistered would not transfer any valid title in favour of plaintiffs--­High Court, without adverting to such aspect of the case, had proceeded to accept document as a valid deed of transfer being thirty years old---Such document was executed on 6-10-1947---Mutation was recorded on 9-2-1957 but was cancelled on 25-2-1957---Suit was filed on 3-12-1984---Such inordinate delay on plaintiff's part in bringing suit created doubts about bona tides of their acts and genuineness of their cause---Plaintiffs were not sure as to which of Khasra numbers was purchased by their…

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