Law: Specific Relief Act, 1877

Section: 9,42

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 9 ,  42--Suit for declaration and possession by petitioner--Suit for injunction filed by respondent--Wrong entries in revenue record--Deprivation from sharai shares--Transfer of property to petitioner in lieu of dower--Consolidated --Concurrent findings--Non-producing of marginal witnesses of mutation--Longstanding entries--Marginal witnesses of mutation neither were produced before trial Court nor their non-production was explained through any plausible justification--Factum of fixation of initial dower and enhancement thereof was required to be proved through positive and convincing evidence by petitioner but she has not been able even to place on record an iota of evidence that when, where, in whose presence and under what circumstances her dower was enhanced by her husband--Long standing entries of revenue papers carry presumption of truth, these entries are not sacrosanct or cannot be termed as a gospel truth and when same are challenged, beneficiary thereof is required to prove it in accordance with law will not be allowed to approbate and reprobate by alleging gift in her favour and by transferring of disputed property through enhancement of her dower--It was bounded duty of petitioner to authenticate her contentions accordance with dictates of superior Court but she could not do so. 2008 SCMR 1259, 2104 MLD 1384 ,  PLD 2019 Lahore 76. Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Interference of High Court--High Court cannot interfere in findings of fact on ground that on re-appraisal of evidence it is possible to reach to a different conclusion unless it is shown that such a finding by lower Court suffered from misreading or non-reading of evidence which had affected findings on merits.  Ref. 1998 SCMR 760. ORDER Impugned herein is the judgment , decree dated 14.11.2018 of the learned Additional District Judge/Izafi Zila Qazi, Matta, Swat whereby the appeal of petitioner against judgment , decree dated 05.11.2016 of the learned Civil Judge/Ilaqa Qazi-I, Matta, Swat decreeing the suit of the respondents and dismissing that of the petitioner, was dismissed. 2. Arguments heard and…

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