Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Scope---When a declaration was sought, it was duty of plaintiffs to prove their pre-existing right---When and decree did not show that court had seen ownership of plaintiffs before granting decree, such decree declaring plaintiffs as owners only on the basis of statement made by attorney of defendants conceding the suit, passing of decree declaring the plaintiffs as owners on the basis of any alleged oral sale was not competent---Declaratory decree declared a pre-existing right and could not create or confer a new right in favour of plaintiffs. (b) Transfer of Property Act (IV of 1882)--- ----S.54---Person could not transfer a better title than he himself had. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this civil revision the petitioners have challenged the judgment and decree dated 30-9-2011 passed by the learned Addl: District Judge, Layyah, whereby the appeal filed by the respondents/defendants was accepted, by way of which, the judgment and decree dated 14-7-2011 passed by the learned Senior Civil Judge, Layyah decreeing the suit of the petitioner/plaintiff were set aside. 2. The brief facts of the case are that the petitioners/plaintiffs filed a suit for declaration that they be declared owner in possession of suit property mentioned in the head note of plaint. They have challenged Notification No. 5125/C, award dated 9-9-1955 and Mutation No.189 attested on 3-1-1985. The written statement was filed and suit was contested. The parties were directed to produce their respective evidence. Both the parties produced oral as well as documentary evidence in support of their versions. After the completion of trial vide judgment and decree dated 14-7-2011 suit was decreed by the learned trial Court. An appeal was preferred by the respondents/defendants, which was accepted vide judgment and decree dated 30-9-2011 and the judgment and decree passed by the learned trial Court decreeing the suit of the petitioners/plaintiffs, were set aside. 3. Learned counsel for the petitioners/ plaintiffs argues that through well reasoned judgment the learned trial Court has decreed the suit of petitioners/…

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