Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----Ss. 51 & 54---Qanun-e-Shahadat (10 of 1984), Art. 78---Suit for declaration---"Sale"---Ingredients---Mutation---Burden of proof---Pleadings---Scope---Plaintiff had neither mentioned date for striking of bargain nor witnesses in whose presence oral sale was finalised---Even terms and conditions of bargain were missing from the contents of plaint---Benefit of S. 51 of Transfer of Property Act, 1882 could not be claimed in the absence of requisite formalities being accomplished in the seriatim---Application of S. 51 of Transfer of Property Act, 1882 was not a question of law simpliciter which could be agitated at any stage of proceedings rather factual foundation within the said provisions of law had to be laid at the very inception of the case i.e. the pleadings of the parties---Plaintiff had failed to establish the exact venue, time, date, month, year and the names of the witnesses to show as to where, when and in whose presence the sale transaction was negotiated and finalized between the parties---Fact not asserted in the pleadings could not be proved by producing evidence and even if any evidence was led, the same had to be ignored---No one could be allowed to prove his case beyond the scope of his pleadings---Plaintiff had deviated from his pleadings---Pleadings in the shape of plaint or written statement could not be treated as a piece of evidence unless the same were proved by the production of evidence and adversaries were afforded opportunity to rebut the same through cross-examination of the witnesses and produced the evidence---Mere filing of conceding written statement by one of the defendants containing somersault plea could not be used for the benefit of plaintiff---Revenue officer cancelled the mutation in the common assembly but said order was not challenged by the plaintiff before the higher forum in the revenue hierarchy for a long period---Plaintiff was estopped to directly file suit in the civil court without availing the adequate remedy---Plaintiff had failed to prove the requisite essential ingredients of "sale"---If payment of sale had not been proved on record, there could be no sale in…