Law: Punjab Partition of Immovable Property Act, 2012

Section: 4

Law: Specific Relief Act, 1877

Section: 42

Punjab Partition of Immovable Property Act, 2012 (IV of 2012)-- ----S. 4--Specific Relief Act, (I of 1877), S. 42--Suit for declaration filed by appellants was dismissed while suit for partition of suit property filed by respondent was partially decreed--Consolidated --Appeal--Dismissed--Revision petition--Accepted--Sale-deed in name of predecessor of respondents--Sale-deed was given to one of respondents for domicile--Refusal to return of sale-deed--Appellants was in possession of suit property--Essential elements of fair trial--Burden of proof--Motive of transaction--Claim of appellants was not supported by their evidence--Challenge to--It is one of essential elements of a fair trial that law must be applied to any transaction in light of its ordinary course of human conduct--We have perused pleadings and evidence brought on record and find that appellants fall short of material facts--This omission cannot be condoned and that alone is sufficient to reject claim of appellants--Burden of proof lies heavily on person who claims against tenor of document or deed to show that ostensible vendee (owner) was a mere name-lender and property was in fact purchased only for his benefit--A witness to sale-deed (Ex.P-3), namely, who is real son of alleged Benamidar appeared in Court as DW-4 and stated that he had paid Rs. 3,500/- for house to Nawab Mirza, and this money was given to him by his mother after taking it from his father--It would not be unjust to hold that appellants had failed to prove that their father Imam-ud-Din paid purchase money--Brother of brother-in-law of appellants was married to (Respondent No. 7 herein), daughter of benamidar and after his death business and property disputes arose, in continuation of it, Respondent No. 7 also filed a case against brother-in-law of appellants, in which appellants supported their brother-in-law--Evidence adduced by appellants is of no value as it does not throw any light on essential points involved in case--Viewing case from each and every angle, there is not even an iota of evidence to support claim of appellants--On an overall appreciation of evidence adduced by both parties, in light of all relevant and…

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