Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Suit for declaration and permanent injunction---Sale-deed---Registration---Presumption of truth---Scope---Plaintiffs filed suit for declaration and permanent injunction to the effect that the predecessor-in-interest of the defendants had sold disputed land to the plaintiffs and executed registered sale deed in their favour and that plaintiffs further purchased the additional land from the predecessor in-interest of the defendant and had paid Rs.15,000 through cheque as consideration of the same---Defendants contested suit on the ground that in the alleged document there was a note to the effect that predecessor-in-interest of the defendants owned the entire property which was mentioned to have been sold to the plaintiffs, this according to the defendants was a forged addition and designed to deprive defendants to inherit the disputed property as legal heirs---Defendants further challenged the jurisdiction to entertain matter of demarcation---Trial Court decreed suit of the plaintiffs---Appeal filed against and decree of Trial Court was also dismissed by Appellate Court---Validity---Disputed property was admittedly a residential property where plaintiffs had constructed a residential house and was occupying the same and it was nowhere alleged that same was agricultural land---Alleged note in the registered sale deed was in the same hand-writing and in the same sequence and it was a registered document which had a presumption of authenticity attached to it and that presumption was not rebutted by the defendants---Documentary evidence produced by plaintiffs was found more reliable, credible and plausible as compared to the evidence produced by defendants which mainly consisted of oral assertions unsubstantiated by documentary evidence---Defendants had failed to show that lower courts below had misread .or failed to read any piece of evidence or acted illegally or with material irregularity---Revision petition was dismissed. THIS ORDER PASSED BY: IJAZ-UL-AHSAN, J.--- This order shall dispose of C.R. No. 1241 of 2009 and C.R. No.1242 of 2009, as common questions of facts and law are involved in these revision…

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