Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Inheritance---Contention of plaintiff was that he being nephew of deceased was entitled to inherit house owned by deceased---Trial Court decreed the suit but same was dismissed by the Appellate Court---Validity---Disputed house was situated in Aabadi Deh---Plaintiff had not produced any documentary proof with regard to title of deceased---No pedigree table had been produced nor any other documentary evidence had been brought on file to the effect that plaintiff was nephew of deceased---Contradictions in the evidence and plaint were on record which were sufficient to non-suit the plaintiff---Suit house was in the possession of defendant---Plaintiff was bound to prove his case but he had failed to prove the same---Revision was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ABDUL LATIF KHAN, JUSTICE:---.--- Through the instant revision petition, the petitioner has called in question the judgment and decree dated 16-6-2011 passed by the learned Additional District Judge-VI, D.I.Khan whereby on acceptance of appeal of respondent No. 1, the judgment and decree dated 8-10-2010 of the learned Civil Judge-VII, D.I.Khan was set aside and suit of the petitioner for declaration-cum-perpetual injunction and possession through partition of a house, fully mentioned in the heading of the plaint, was dismissed. 2. Learned counsel for the petitioner contended that the learned appellate Court has accepted the appeal without any justification. The statements of official witnesses and the registered deed No. 418 dated 11-3-1996 (Exh.P.W.1/2) have been ignored. It was also contended that the registered deed was exhibited without any objection by the other side. He argued that the admission of DW-1 in respect of registered deed No. 418 has also been ignored. It was contended that out of six marlas, three marlas were transferred in the name of Ghulam Qasim and three marlas were transferred in the name of petitioner, wherein house of Ghulam Qasim existed at the time of registered deed but the appellate Court has wrongly observed about the ownership of Khuda Bakhsh regarding the suit house. He contended that…

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