Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 24

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

Section: 79

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 42 , 54--Suit for declaration and permanent injunction--Decreed--Suit was dismissed after post-remand proceedings--Ostensible owner of property--Legal obligation of beneficiary--Barred by time--No evidence of to rebuttal entries in record--Filling of certain documents during pendency of revision petition--Neither Inayatullah nor Rahim Dad were owners of property--The petitioner himself admitted that suit property is mutated in name of one Patel in record of right--Even Rahim Dad was not ostensible owner of property--Beneficiary of transaction is under legal obligation to inquire status of property, check revenue record in order to confirm whether alleged buyer is owner of property or not filed suit after fifteen (15) years of alleged transaction--The suit was hopelessly barred by time--There is no evidence on record to rebut entries in record--Where a party challenged mutation beneficiary has to prove transaction--Pendency of civil revision whereby petitioner has challenged impugned of appellate Court how petitioner filed certain documents which have not been pleaded or never agitated before subordinate Court--Documents were neither pleaded nor part of pleading could be allowed to be introduced during revision petition--Petition dismissed. 2019 YLR 401, 2015 CLC 395 , 2015 SCMR 21 ref. Civil Procedure Code, 1908 (V of 1908)-- ----O.XLI R. 24--Determination of suit--Where evidence on record is sufficient to enable appellate Court to pronounce , appellate Court after resettling issues, if necessary, may finally determine suit. 1997 SCMR 1849. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 79--Requirement of law--Sale-deed is required by law to be attested--It shall not be used as evidence until two attesting witnesses have been called for purpose of proving its execution. JUDGMENT The petitioner/plaintiff assailed judgment and decree dated 22nd November, 2011 (impugned judgment and decree) passed by Additional District Judge-V, Quetta, (appellate Courts), whereby the appeal filed by the respondents/defendants was allowed and judgment and decree dated 28th August, 2008 passed by Civil Judge-I, Quetta was set…

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