Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Plaintiff filed suit for declaration and consequential relief against defendants on the ground that the disputed mutation on the basis of alleged oral sale was illegal and that the disputed property was transferred to her through registered gift along with its possession---Defendants contested suit and also filed suit for declaration to the effect that the said disputed property was never transferred through gift deed---One of the defendants had withdrawn his suit by contending that he had not filed the same---Trial Court decreed the suit filed by plaintiff while dismissed the one filed by defendants---Appellate Court on appeal, maintained findings by Trial Court---Contention raised by defendants was that gift deed executed by one of the defendants was only in respect of the land situated at some other place and the disputed land was never transferred through the said gift deed---Validity---One of the defendants who appeared as plaintiff's witness had stated that he had transferred the disputed land along with the land at some other place to plaintiff and had put his thumb impression on the gift deed---One of the defendants' witnesses had also admitted that disputed land was managed by the plaintiff---Endorsement given by the Sub-Registrar on the back of the gift deed showed that he had read over its contents word by word to the donor who after admitting the same as correct, had put his signatures .on the same in presence of witnesses as the presumption of correctness was attached to said endorsement because the same was recorded in performance of official duties and bore signatures of the donor and the witnesses---Execution of gift deed was admitted by the donor and was proved by the plaintiff's witnesses-High Court declined to interfere in concurrent findings of both courts below in revisional juris diction---Revision petition was dismissed by High Court in limine. Pirla and others v. Noora and others PLD 1976 Lah. 6 rel. THIS ORDER PASSED BY: RAUF AHMAD SHEIKH, J.--- Preliminary arguments have been heard and record has minutely been perused. 2. The petitioner has assailed the judgment and decree dated 31-5-2010…

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