Law: Civil Procedure Code (V of 1908)

Section: S.115,O.I,R.10,O.VI,R.4,7

Law: Civil Procedure Code (V of 1908)

Section: S.115,O.I,R.10,O.VI,R.4,7

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 42(6)(7)

(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 117 & 120---Fact---Onus to prove---When a party alleges a specific factual point then that party is bound to prove the same by supporting evidence. (b) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), S.115---Suit for declaration---Concurrent findings of two courts below---Plaintiffs assailed mutations in question on the plea of fraud---Validity---Material contradictions existed and suit was filed by a dead person and there was forged power of attorney which had been ignored by both the courts below---Suit was filed after delay of 18 years, deviation from pleadings without amendment in pleadings, forged power of attorney, filing of suit on behalf of dead person, common witness had admitted mutations as correct by one of the executants---High Court, in exercise of revisional jurisdiction, on the basis of material contradictions in the statements of plaintiff's witnesses, set aside the s and decrees passed by two courts below---Revision was allowed in circumstances. Din Muhammad and another v. Subedar Muhammad Zaman 2001 SCMR 1992 ref. Abdul Latif Khan for Petitioners. M. Bashir Mughal for Respondents. Date of hearing: 7th May, 2012. JUDGMENT KHALID MAHMOOD, J.--- This revision petition under section 115, C.P.C. is directed against the judgment and decree dated 11-6-2010 whereby learned District Judge, Mansehra dismissed the appeal of petitioners and upheld the judgment and decree passed by Civil Judge VII, Mansehra dated 17-4-2011. 2. Brief facts of the case are that plaintiff/respondents Nos.1 to 7 instituted Suit No.515/1 while respondents Nos.8 to 17 filed Suit No.87/1 both for declaration challenging Mutations Nos.9741 and 2779 attested on 26-6-1989, injunction and compensation of property acquired for New Balakot City was also sought regarding property fully described in the heading of the plaint against the petitioners, which after contest was decreed by the trial court on 17-4-2011. Petitioners and pro forma respondents preferred appeals while legal heirs of Mst. Dakhoo daughter of Abbas moved an application under Order I, Rule 10, C.P.C., which was turned down by the…

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