Law: Qanun-e-Shahadat (10 of 1984)

Section: 100101

Law: Qanun-e-Shahadat (10 of 1984)

Section: 100101

(a) Document-------Proof---Unless document is tendered in evidence and exhibited, the same cannot be taken into consideration. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 18, 70 & 72---Fact in issue, proof of---Principle---In order to prove case, statement of plaintiff must confirm and verify contents of plaint in its totality---Any repugnancy, inconsistency or conflict in statement and plaint is sufficient to damage the case and claim. (c) Specific Relief Act (I of 1877)--- ----Ss. 8, 42 & 54---Civil Procedure Code (V of 1908), S.115---Suit for possession, declaration and injunction---Judgment at variance---Plaintiff claimed to be lawful owner of land in question and Provincial Government illegally, unlawfully and without any legal justification encroached upon his land---Suit was dismissed by Trial Court but Lower Appellate Court decreed the same in favour of plaintiff---Validity---Findings of Lower Appellate Court on the issue of possession were contrary to record and entries were in favour of Provincial Government---Continuous and uninterrupted possession of Provincial Government over suit property was established, therefore, findings of Lower Appellate Court on relevant issue were reversed and that of Trial Court were maintained---Lower Appellate Court committed material irregularity in reversing the decree, misread evidence and misapplied law by considering a document which had not been tendered in evidence nor had been proved---High Court in exercise of revisional jurisdiction set aside and decree passed by Lower Appellate Court and restored that of Trial Court---Revision was allowed in circumstances. Tariq Ali Tahir, Addl. A.-G. for Petitioners. Jaffar Raza Khan for Respondent. Date of hearing: 1st June, 2012. JUDGMENT MUHAMMAD NOOR MESKANZAI, J.--- Instant revision petition is directed against the judgment and decree dated 21st December, 2006 passed by Majlis-e-Shoora, Kalat Division at Mastung, whereby the appeal filed by respondent, was accepted and the judgment and decree dated 31st July, 2006 passed by learned Qazi Kalat was set aside. 2. Facts relevant for the disposal of this revision petition are that respondent/plaintiff instituted a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492