Law: Specific Relief Act, 1877

Section: 42,54,55

Specific Relief Act, 1877 (I of 1877)------Ss. 42, 54 ,  55--Suit for declaration, perpetual and mandatory injunction--Concurrent findings--Gift mutation--Report of forensic expert--Death of plaintiff during pendency of suit--Deniel of alienation of suit property by plaintiff--Parda observing lady--Ingredients of gift were not mentioned in written statement--Transfer of possession was not proved--Genuineness of document--Duty of Court--When alleged witnesses were not before Court, thumb impression was not compared as correct, alleged donor was not identified by her husband and sons, ingredients of alleged gift were neither mentioned in written statement nor elaborated in evidence of petitioner fact of offer of alleged gift, its acceptance, transfer of possession were not proved and alleged ‘Riwaj’ has not been supported by any one--When genuineness of document is disputed, it duty of Court to determine question of its genuineness and correctness because age of document alone would not amount to be a proof about correct contents of such document has tried to grab proprietorship of plaintiff and in doing so he succeeded as well but when challenged remained unsuccessful to prove it--Opinion of expert is weakest type of evidence and can only be considered if lends support from other convincing and corroborative evidence which is lacking in case especially to substantiate petitioner contentions--Concurrent findings of fact recorded against petitioners which do not call for any interference by this Court in exercise of its revisional jurisdiction in absence of any illegality or any other error of jurisdiction--Revision petition dismissed.  2015 CLC 719, PLJ 2003 SC 28, 2005 SCMR 135, 2007 SCMR 838, 2006 SCMR 1304, PLD 2003 SC 155 and 2014 SCMR 1469 ref. JUDGMENT Petitioner has challenged the judgment and decree of learned Additional District Judge, LakkiMarwat dated 19.06.2015, whereby the appeal filed by the petitioner was dismissed, consequently the judgment and decree of the learned Civil Judge-II, LakkiMarwat dated 06.07.2013 was maintained. 2. Significant facts of the instant petition are that predecessor of respondents has filed a suit civil for…

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