Law:

Section:

Specific Relief Act (I of 1877)---S. 42---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 118---Suit for declaration---Burden of proof---Sale mutation---Contention of plaintiffs was that mutation was fictitious, bogus and without consideration---Suit was decreed concurrently---Validity---Payment of sale consideration as well as valid attestation of mutation had been proved through examination of one of the vendor, marginal witnesses and revenue officials including Patwari halqa, Tehsildar, and Girdawar circle---Marginal witnesses had identified transferors and had suggested that transaction took place properly and mutation was validly attested---Attesting officer of mutation had supported the marginal witnesses---Defendant had proved the mutation through independent evidence and same could not be annulled on the mere allegations---Mere assertion that beneficiary had to prove the mutation would in no case exonerate the plaintiff from initial burden which lay upon him to the allegation of fraud---Entries in the mutations register, though were not conclusive, but the evidence produced in support of the same would amount to discharge the burden which lay upon beneficiary---Sole statement of attorney of the plaintiff departing from the pleadings would not be sufficient to prove fraud---Plaintiff must plead fraud in the pleadings and same should be proved through reliable evidence which was lacking in the present case---Plaintiff had failed to prove the case---Both the courts below had wrongly scanned and evaluated the evidence on record---Findings of courts below suffered from infirmity and were perverse in nature---Revision was accepted and s and decrees of both the courts below were set aside and suit of plaintiff was dismissed. JUDGMENT ABDUL LATIF KHAN, J.---This civil revision petition, under section 115 C.P.C. is directed against the judgment and decree dated 28-1-2013 of the learned Additional District Judge-III, D.I.Khan, whereby appeal of the petitioner-defendant No.1 against the judgment and decree dated 31-3-2011 of the learned Civil Judge-X, D.I. Khan, was dismissed. 2. Succinct facts leading to the instant revision petition are that the respondent…

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