Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 8 & 42--Civil Procedure Code (V of 1908), S.115---Suit for possession and declaration---Title of plaintiff in respect of suit property was based on registered sale-deed executed by initial owners of said land in favour of plaintiff---Documents produced on record had revealed that Vendors of suit property were initial owners of the property even prior to independence and said property remained in their names till its transfer in the name of plaintiff through registered sale-deed---Defendant could not prove their title in respect of suit property but despite that Courts below concurrently dismissed the suit---Both Courts below had misread and mis­appreciated documentary evidence produced by plaintiff and had committed a grave illegality and irregularity by rejecting document produced on record without giving cogent reasons---Serious prejudice had been caused to the case of plaintiff---Both Courts below fell in error in discarding evidence on record and findings arrived at by both Courts were based on conjectures, presumption and wrong assumption of law--­High Court, in circumstances would be well within its rights to set aside both s in exercise of its revisional jurisdiction---Impugned and decrees concurrently passed by Trial Court and Appellate Court were set aside and suit filed by plaintiff was decreed. Saheb Khan through L.Rs. v. Muhammad Pannah PLD 1994 SC 162; Samar Gul and others v. Mohabat Khan and others 2000 SCMR 974; Muhammad Bakhsh v. Ellahi Bakhsh and others 2003 SCMR 286; Maj. Rashid Beg v. Rehmat Ullah Khan and 4 others PLD 2001 SC 443 and N.S. Vankatagiri Ayyangar and another v. The State Hindu Religious Endowments Board Madras PLD 1949 PC 26 ref. JUDGMENT This Civil Revision Petition under section 115, C.P.C. is directed against the judgment and decree, dated 26-5-2001 passed by Additional District Judge-IV, Quetta, whereby appeal filed against the A judgment and decree dated 18-7-2000 passed by Senior Civil Judge-I, Quetta was dismissed and consequently, the suit filed by the petitioner was ordered to be dismissed. Briefly stated the relevant facts of the case are that initially the petitioner…

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