Law: Specific Relief Act, 1877

Section: 39,42

Law: Civil Procedure Code (V of 1908)

Section: 79,151,O.XXXIX,R.1,2

Specific Relief Act, 1877 (I of 1877)-- --Ss. 39 & 42--Civil Procedure Code, (V of 1908), Ss. 79, 151 & O.XXXIX, Rr. 1 & 2--Suit for declaration, injunction and cancellation of sale-deed--Dismissed--Appeal--Dismissed--Purchasing of land--Sold out by respondent--Non-producing of marginal witness--Non-exhibition of sale-deed--Concurrent findings--Challenge to--Petitioner has failed to produce any marginal witness of alleged sale-deed as required under Section 79 of C.P.C. and even otherwise, failed to exhibit alleged sale-deed to be taken into consideration and also failed to produce any of owner from which land in question was purchased by petitioner--However, perusal on record reflects that PWs so produced by petitioner are neither marginal witness of sale-deed nor sale proceedings have been carried out in their presence--While alleged sale-deed has not been attested by any Oath Commissioner or Notary Public to verify contents of sale-deed--Petitioner/ plaintiff has failed to prove its case through cogent, inspiring evidence to believe that suit land was infact purchased by him from owner of suit land--Perusal of and decrees passed by Courts below does not suffer from any misreading and non-reading, material illegality and irregularity to be interfered by this Court and error so committed by learned trial Court was rectified by appellate Court, as such, learned counsel for petitioner failed to point out any illegality and irregularity, misreading and non-reading in impugned s and decrees passed by Courts below, which are accordingly maintained and petition is devoid of merit--Revision petition was dismissed. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE---.--- This judgment disposes of instant civil revision petition filed by the petitioner Muhammad Hanif against the judgment and decree dated 15th June 2017 (hereinafter referred as, "impugned judgment and decree") passed by the learned Qazi Panjgur (hereinafter referred as, "the trial Court") and judgment and decree dated 28th September 2017 (hereinafter as, "impugned judgment and decree") passed by the learned Majlis-e-Shoora, Panjgur (hereinafter referred, "the appellate Court"), whereby…

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