Law: Specific Relief Act, 1877

Section: 42

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

Section: 100

Law: Transfer of Property Act, 1882

Section: 53-A

Law: Registration Act, 1908

Section: 50

(a) Specific Relief Act (I of 1877)--- ----S.42---Qanun-e-Shahadat (10 of 1984), Art.100---Transfer of Property Act (IV of 1882), S.53-A---Registration Act (XVI of 1908), S.50---Suit for declaration---Presumption as to documents thirty years old---Part-performance---Certain registered documents relating to land to take effect against unregistered documents---Scope---Plaintiff filed suit for declaration claiming ownership in possession of the suit property on the strength of deed executed in the year 1972---Suit was concurrently dismissed---Validity---Plaintiffs attorney had not said a word regarding the possession of plaintiff over the suit property---Document relied upon by plaintiff was deficient to the effect that no description of the properties along with khasra numbers was mentioned therein---Said document was never produced for mutation in the revenue record as such plaintiff could not be given the benefit under Art.100 of the Qanun-e-Shahadat, 1984---Plaintiff was not able to prove her possession of the disputed property for giving effect to the document allegedly executed in her favour within the meaning of S.53-A of Transfer of Property Act, 1877---Plaintiff could not bring on record any convincing or reliable evidence within the four corners of which unregistered document could be given any weight within the exception of S.50 of the Registration Act, 1908---Plaintiff had not impleaded those parties in the revision petition which were arrayed before the trial court as defendants---Revision petition was dismissed. 2012 CLC 411; PLD 1988 Kar. 393; 2007 SCMR 433 and Mst. Zubaida Imran v. Ch. Abdul Sattar and others 1994 SCMR 1134 ref. Nazir Ahmads case 2017 SCMR 1734; Fazla v. Mehr Din 1997 SCMR 837 and Muhammad Siddique v. Khuda Bakhsh 2007 YLR 2328 rel. (b) Pleadings--- ----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 terms of provisions of Qanun-e-Shahadat, 1984. Muhammad Nawaz Chandio v. Muhammad Ismail Raho and others 2016 SCMR 875 rel. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art.100---Presumption as to document thirty years…

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