Law:

Section:

Specific Relief Act (I of 1877)--- ---Ss. 42 & 8---Suit for declaration and possession of immovable property---Plaintiff had filed suit for declaration whereas defendant filed suit for possession of property in question---Both the suits were consolidated and suit of plaintiff was dismissed and that of defendant decreed concurrently---Validity---Property in dispute had been recorded in the name of Provincial Land Commission in the column of ownership---Vendor was not owner of suit land and he had been shown as tenant of said property---Person having a defective title or no title could not transfer better title in favour of vendee---Execution of deed had not been proved by producing cogent evidence---Scribe, marginal witnesses and attesting officer of deed had not been produced by the plaintiff---Title of vendor had not been proved through any convincing evidence---Plaintiff himself had not entered into the witness box in support of his claim rather he opted to be examined himself through his attorney who was not acquainted with the facts of the case---Best evidence had been withheld by the plaintiff---Plaintiff had applied to Land Commission during the course of hearing of present case who mutated the suit land in his favour which was subsequently cancelled by the Commission---Revision petition against the cancellation of mutation was also pending before Additional Commissioner---Plaintiff, apart from civil suit had also approached the Land Commission and revenue hierarchy which was not permissible under the law---Defendant had also not appeared in person in support of his claim he had purchased property from another vendor but to the extent of her (vendor) title no evidence had been produced and thus failed to prove the title of vendor and defendant had no locus standi to challenge the property purchased by the plaintiff as his right had not been infringed---Defendant had neither produced marginal witnesses or scribe nor attesting officer had been examined---Both plaintiff and defendant had failed to prove their case through cogent and convincing evidence---Judgment and decree passed in favour of defendant was set aside and passed in favour of plaintiff was…

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