Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S.42---Suit for declaration---Oral sale---Proof---Vendor, a lady---Independent advice---Scope---Defendants though did not adduce evidence in rebuttal but suit of plaintiffs was dismissed concurrently---Validity---Person who had alleged must prove his case and no party could be allowed to take benefit from the weakness of the case of other party---Plaintiffs had to stand on their own legs and onus would lay on them to prove that they had purchased the suit property---Plaintiffs being beneficiaries had to adduce cogent, credible, strong and convincing evidence that vendor had entered into the transaction of sale and she had received the alleged sale consideration---Vendees were required to prove that at the time of making alleged transaction independent advice was available to her---No such advice had been proved on behalf of plaintiffs and they had failed to prove transaction of sale in their favour---No infirmity or perversity or material irregularity was pointed out in the findings recorded by the courts below---Revision was dismissed in limine. ORDER MAHMOOD AHMAD BHATTI, J.---The petitioners have filed this petition to assail the validity of the judgments and decrees dated 30-7-2010 and 03-1-2014 passed by the learned Civil Judge, Lodhran and District Judge, Lodhran, respectively, whereby suit for declaration instituted by Allah Bukhsh deceased, Nazar Muhammad and Nazeer Mai wife of Khadim Hussain was dismissed and an appeal preferred thereagainst was dismissed by the learned appellate Court as well. 2. Succinctly put, the facts that late Allah Bukhsh, Nazar Muhammad and Nazeer Mai instituted a suit for declaration, contending therein that land measuring 16 kanals bearing Khewats Nos. 60, 61, situated at village Dhoray wala, Tehsil and District Lodhran was owned by Mst. Ghulam Sakina wife of Siraj Ahmad, which was purchased by the plaintiffs from her for a consideration of Rs.3,00,000 by means of an oral sale, which reflected in the sale mutation No.857 dated 30-7-1992. It was further averred in the plaint that ever since the purchase made by the plaintiffs, they have been in the uninterrupted possession of the suit…

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