Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and permanent injunction---Limitation---Sale mutation---Allegation of fraud---Proof of---Contention of plaintiff was that impugned mutation was based on fraud and misrepresentation---Suit was decreed by the Trial Court but same was dismissed by the Appellate Court---Validity---Vendor in her lifetime did not challenge the mutation in question---Burden of proof was on the beneficiary to prove the mutation attested in his favour---Defendant had discharged the said burden by producing the entire documentary record with regard to impugned mutation---Person who had alleged fraud was bound to prove the same---Impugned mutation was attested on 15-12-1976 whereas present suit was filed on 23-05-2001---Present suit was time-barred, in circumstances---No mis-reading or non-reading of evidence had been pointed out in the impugned and decree passed by the Appellate Court---Plaintiff had failed to establish his case through cogent, reliable and confidence inspiring evidence---Findings recorded by the Appellate Court were based on proper appreciation of evidence and material available on record---Revision was dismissed, in circumstances. Khan Muhammad v. Muhammad Din 2010 SCMR 1351; Manager, State Bank of Pakistan v. Ch. Muhammad Ikram 1999 SCMR 2578 and Jamila Khatoon and others v. Aish Muhammad and others 2011 SCMR 222 rel. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- The instant revision petition has been filed by the petitioners against the judgment and decree dated 23.02.2010 passed by the learned District Judge, Mansehra, whereby, Appeal No.145/13 of 2009 of the respondents against the judgment and decree dated 04.11.2009 of the learned trial Court was accepted and suit of the petitioners was dismissed. 2. Brief facts leading to filing of present revision petition are that the petitioners filed a suit against the respondents in the Court of learned Senior Civil Judge, Mansehra, for declaration, perpetual injunction and possession against the respondents on 22.05.2001. The learned trial Court summoned the respondents who appeared and submitted their written statement. The…

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