Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 4

(a) Specific Relief Act (I of 1877)--- ----Ss.42 54---Suit for declaration and permanent injunction---Cancellation of mutation---Admission of execution of mutation---Burden of proof---Scope---Plaintiff filed suit for declaration and perpetual injunction contending therein that the impugned mutations were incorporated as a sale transaction whereas the suit property was intended to be mortgaged by him---Trial Court decreed the suit whereas Appellate Court dismissed the same---Validity---Beneficiaries of the mutations were the defendants, since title in the suit land was transferred in their favour but as the execution of mutations was not denied by the plaintiff thus burden of proving the sale transaction incorporated in the mutations did not shift on the defendants---Plaintiff was a well educated person and was capable of understanding the contents of the mutations and it did not appeal to reason that the plaintiff, who had fixed his thumb impressions on the mutations, was unaware as to their contents---Plaintiff had not even pleaded as to the type of mortgage that had been executed---Plaintiff had also parted with the possession of the suit land---Judgment and decree passed by Appellate Court was upheld---Revision petition was dismissed, in circumstances. Rehmatullah v. Saleh Khan 2007 SCMR 729 distinguished. (b) Civil Procedure Code (V of 1908)--- ----O.VI, R.4---Particulars to be given where necessary---Scope---Where fraud, undue influence or coercion is put at the forefront, the complainant party was to set out the facts in full and give essential particulars instead of making general allegations. Faizum alias Toor v. Nander Khan 2006 SCMR 1931; Mst. Sahib Noor v. Haji Ahmed 1988 SCMR 1703 and Pakistan Banking Council v. Ali Maohtaram Naqvi 1985 SCMR 714 ref. (c) Civil Procedure Code (V of 1908)--- ----O.VI, R.4---Particulars to be given where necessary---Scope---Where allegations of fraud, misrepresentation, collusion or mala fide are attributed, necessary particulars and the details in that context are to be unfolded in the pleadings and bald or vague statements to that effect are of no legal consequence. Lanvin Traders, Karachi v. Presiding Officer,…

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