Law: Specific Relief Act, 1877

Section: 8

Law: Civil Procedure Code (V of 1908)

Section: 100

Specific Relief Act (I of 1877)--- ----S. 8---Civil Procedure Code (V of 1908), S.100---Suit for possession---Claim of plaintiffs was that they were owners of house in dispute being legal heirs of its deceased owner and that defendant who was given house in dispute temporarily due to relationship, had no concern with said house---No date or even year had been given in the plaint, as to when disputed house was given to defendant---No averment was in the plaint as to the nature of association (taalukdari) between defendant and plaintiffs---Plaintiffs did not bring on record any document of title which could have proved that they and before them their deceased father, was the owner of the disputed house---Claim of defendant was that he was the owner of house in dispute and before him his father had remained in possession of the house for a period of fifty years until his death---Trial Court dismissed suit filed by the plaintiffs, but Appellate Court had decreed same---Validity---Principal reason which had prevailed with Appellate Court for deciding case in favour of plaintiffs was a document which purported to be an arbitration award rendered by Arbitration Council---Said document was neither mentioned in the plaint nor was included in the list of reliance---No attempt whatsoever was made to summon any functionary of the Union Council or the arbitrators who had signed alleged award---Defendant denied that there was any arbitration---Alleged award had not been proved through any marginal witnesses or any other signatory to the same---Such document could not, in circumstances, have been relied upon as a basis for holding that plaintiffs were the owners of house in dispute---Alleged award having not been proved, plaintiffs had failed to discharge the onus of proof placed on them---Appellate Court had misdirected itself and did not take note of material aspect of the case---Appellate decree which legally was not sustainable, was set aside and decree passed by the Trial Court, was maintained. THIS JUDGMENT DELIVERED BY: JAWWAD S. KHAWAJA, J.--- Muhammad Altaf appellant-defendant impugns the decree of the learned Court of first appeal dated 9-10-1997 whereby the decree…

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