Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration with possession---Contention of defendants was that they were in possession of the suit land on the basis of gift deed---Suit was dismissed concurrently---Validity---Proceedings with regard to gift deed were illegal and incorrect as persons who conducted the said proceedings had no legal power to do the same---Courts below had wrongly relied on the evidence of defendants---Plaintiffs were the only legal heirs of their father---Gift deed was an attempt on the part of defendant to deprive the legal heirs from their shari share in the property of their father---Defendants had failed to establish ingredients of a valid gift---Impugned s and decrees were result of mis-reading of evidence---Courts below had committed material irregularity while recording the impugned findings---Impugned s were set aside in circumstances---Plaintiffs were declared owners of suit property and they were entitled to possession of the same---Revision was allowed accordingly. THIS ORDER PASSED BY: MUHAMMAD ALAM, J.--- Judgment/order dated 08-05-2015 of the District Judge Ghizer, passed in C.F.A. No.34/2014, whereby, he has upheld judgment/order dated 15-05-2014 of the Civil Judge Gupis/Yasin, passed in Civil Suit No.37/96, 02/2011, has been challenged through this petition. 2. Petitioners/plaintiffs filed a Civil Suit (C.S. No.37/96, 02/2011) for declaration with possession of half of the suit land. Said Civil Suit was given two numbers, one C.S. No.37/96 and another C.S. No.02/2011. The initial suit is Civil Suit No.37/96 in which, on 28-04-2009, the then Civil Judge passed a partial decree, and on appeal, suit was remanded to the trial court. On 15-05-2014, the learned trial court gave his decision by dismissing the suit. On appeal (C.F.A. No.34/2014), the learned first appellate court passed judgment/order dated 08-05-2015. 3. Respondents/defendants contested the suit and filed written statement. In their written statement, respondents/ defendants averred that they are in possession of the suit land on the basis of gift deed dated 20-03-1983 (Exh.D-1/BL Learned trial court framed issues and after completing trial…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492