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Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 126--Civil Procedure Code, (V of 1908), S. 115--Civil revision--Where a person is in possession the burden to prove that he is not owner upon person who is seeking possession--Rule of in-peridelicto--Specific issue regarding ownership was framed--No evidence of title--Decree for possession could not have been passed--Held: Where a person is in possession the burden to prove that he is not owner is upon person who is seeking possession--Rule emanating from statutory provision was that a person in possession can be dispossessed only by a person having a title superior to person who is in possession--No proof of any such superior title vesting in the plaintiffs--In such eventuality rule of in-peridelicto would also become effective and the case will have to be decided in favour of person who in possession--Revision was allowed. PLD 1982 SC 465, rel. THIS JUDGMENT DELIVERED BY: MAULVI ANWAR-UL-HAQ, JUSTICE---.--- On 27.2.2002 the Respondents No. 1 to 9 filed a suit against the petitioners and Respondents No. 10 and 11. A pedigree table was drawn in Para 1 of the plaint. It was stated that the suit house was owned by Noor Zaman who died 20 years ago and the house devolved upon the parties. Mst. Bhag Bhari Petitioner No. 1 only has 1/11 share in the house. The plaintiffs have 29/66 while the defendants have 31/66. However, Bhag Bhari proceeded to exchange the house with Ghulam Ali, Petitioner No. 2 and delivered the possession to him vide registered exchange deed dated 14.2.95. A declaration and decree for separate possession of 29/66 partition was accordingly prayed for. The plea taken by the petitioner was that the house was not owned by Noor Zaman. It was owned by one Mst. Begum who sold it to Bhag Bhari vide registered sale-deed dated 19.5.75 and delivered the possession and thereafter Bhag Bhari gave the house to Ghulam Ali Petitioner No. 2 vide exchange deed dated 14.2.95. Following issues were framed from time to time by the learned trial Court and parties went on trial:-- 1. Whether plaintiff is entitled to declaration as prayed for alongwith possession if so, towhat extent? OPP. 1-A. Whether transaction…

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