Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Limitation---Issue, framing of---Mutation---Scope---Contention of defendants was that they had purchased the suit land---Suit was dismissed concurrently---Validity---Defendants were bound to prove their title and possession on the suit land---Trial Court had not framed issues in the light of pleadings of the parties---Parties had produced evidence in the light of their conflicting pleas in the averments of their pleadings---Trial Court had declared suit as time barred on the basis of copies of mutations attested in favour of defendants---Mere date of sale mutation was not sufficient to declare the suit as time barred---Nothing was on record with regard to sale of suit land to the defendants---Entries in the revenue record could not be an evidence in proof of transfer of any immovable property---Defendants were bound to prove the sale of suit land in their favour---Defendants had failed to prove sale of suit property to them---Impugned s were result of framing of wrong issues and mis-reading of evidence which were material irregularities---Judgments were set aside and suit was decreed throughout---Revision was allowed accordingly. 2010 SCMR 13; PLD 2003 SC 688 and 2006 MLD 279 rel. ORDER MUHAMMAD ALAM, J.--- Order dated 31-05-2014, passed by the learned District Judge Skardu that the said court passed in CFA No.66/2013, has been challenged through this petition. The learned first appellate court upheld the judgment/order dated 25-10-2013 of the learned trial court that the learned trial court passed in Civil Suit Nos.43/2007-56/2008. 2. Petitioners/plaintiffs filed a suit (Civil Suit No.43/2007-56/2008), in the trial court, who after completing trial proceedings, passed judgment/order dated 25-10-2013, whereby, suit of the petitioners/plaintiffs was dismissed holding that:-- Issue No.09/Relief 14. "The upshot of the above discussion is that the plaintiffs have filed a suit on the basis of mutation No.901 which was attested on the basis of hibba but neither the plaintiffs have produced the registered hibba nama nor the marginal witnesses to proof the hibba nama, hence the plaintiffs failed to…

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