Law: Specific Relief Act, 1877

Section: 42,54,39

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117

(a) Specific Relief Act (I of 1877)--- ----Ss.42, 54 39---Suit for declaration, permanent injunction and cancellation---Scope---Plaintiff filed suit for declaration, permanent injunction and cancellation of mutations claiming therein that one of the defendants prepared fake power of attorney and sold out the disputed land to the other defendants---Trial Court dismissed the suit---Validity---Plaintiffs did not produce even a single oral or documentary evidence in the Trial Court except recording of the statement of one plaintiff, who produced the alleged fake general power of attorney---Defendants, on the other hand, had produced reliable, convincing and cogent oral as well as documentary evidence in the Trial Court to rebut the claim of the plaintiffs---No mis-reading or non-reading of evidence was pointed out by the plaintiffs---Appeal was dismissed. 2004 CLC 1010 and PLD 2003 Pesh. 49 ref. (b) Administration of justice--- must prove his case on the strength of his own evidence and cannot take advantage of the shortcoming of defendants case. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art.117---Burden of proof---Scope---Person, who asserts/alleges a particular fact and wants the court to believe that such fact exists, is required to prove the existence of such a fact. JUDGMENT ALI BAIG, JUSTICE .--- Through the instant Civil 1st appeal, the appellants/plaintiffs have called-in-question the validity and propriety of the impugned judgment/decree dated 28-4-2018, passed by Mr.Mohammad Sharif, Senior Civil Judge Gilgit in Civil Suit No.134/2008, whereby, the learned trial court has dismissed the suit of the present appellants/plaintiffs. 2. Brief facts giving rise to the institution of this civil 1st appeal are that the appellants/plaintiffs instituted a civil suit for declaration, permanent injunction and cancellation of certain mutations in respect of suit land fully described in the head note of plaint against the present respondents/defendants in the trial court claiming that the appellants/plaintiffs being purchaser of suit land are owners of suit land measuring 11 kanals, suited at Sakwar Gilgit. The suit land was sold out by the present respondent No.1 to…

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