Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Specific Relief Act, 1877

Section: 42

Civil Procedure Code, 1908 (V of 1908)-- -----S. 115--Specific Relief Act, (I of 1877), S. 42--Suit for declaration, dismissed--Appeal--Dismissed--Presumption of truth--Requirement for petitioner to prove her possession--Ownership of petitioner was non-disputed--Concurrent findings--Challenge to  was required to prove that since 1972 she is in possession of disputed property and same was transferred to her by Zainoor Shah--It is strange enough that Syed Adnan Ali Shah, who happened to be her attorney, when entered into witness box has not uttered even a single word regarding petitioners possession--It is also worth mentioning that he has not corroborated facts alleged in plaint--It is settled principle of law that mere pleadings cannot be made basis of a decree and similarly only evidence cannot be considered for grant of decree vice versa--Pleadings are required to be proved in term of provision of Qanon-e-Shahadat Order, 1984  has not bothered to prove her contention through convincing and positive evidence, as such, case of petitioner is not falling within exception of Section 50 of Registration Act, 1908 and Section 53-A of Transfer of Property Act, 1882--Courts bellow has rightly reached to conclusion that petitioner has not been able to prove her case on basis of EX.PW2/1--There are concurrent findings of Courts below without any misreading and non-reading of evidence--Revision petition was dismissed.                                     [Pp. 3, 5, 6 7] A, B, C D 1997 SCMR 837 and 2014 SCMR 161 ref. JUDGMENT The petitioner has questioned the judgment and decree of the learned Additional District Judge-IV, Swabi, dated 24.03.2017, whereby her appeal against the judgment and decree dated 07.01.2012, was dismissed. 2. Relevant facts for disposal of the instant petition are that the petitioner has brought a suit for declaration claiming therein her ownership in possession in Khasra No. 451 and 473 of the estate of Adina, Tehsil and District Swabi, on the strength of deed dated 03.11.1972, executed by Syed Zainoor Shah, thus the inheritance Mutation No. 14751,…

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