Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: O.VI,Rr.4,7

(a) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O. VI, Rr.4 & 7---Suit for declaration- Pleadings--- Trial Court decreed the suit---Appellate Court accepted appeal of defendant and dismissed the suit---Plaintiff contended that suit property was rented to the defendant who denied relationship of landlord and tenant---Validity---Plaintiff produced duly attested mutations to prove his ownership of suit property---Defendant not only failed to produce any documentary evidence to prove ownership but also did not claim ownership in his pleadings---Under O. VI, Rr.4 & 7, C.P.C., parties were required to give material facts and could not deviate from their pleadings---Mutations having been admitted in evidence, no objection to the admissibility of the same could be allowed in appeal---Defendant failed to rebut mutations in favour of plaintiff by any documentary evidence---Impugned of appellate court was set aside and and decree of Trial Court was restored. (b) Civil Procedure Code (V of 1908)--- ----O. VI, Rr.4 & 7---Pleadings---Principles---Under O. VI, Rr.4 & 7, C.P.C., parties were required to give material facts and could not deviate from their pleadings at the appellate stage. 2006 SCMR 562; 1987 SCMR 1845 and 2008 SCMR 1395 fol. Muhammad Nazeef v. Mumtaz Begum 2002 CLC 1517; PLD 1992 Pesh. 144; 2002 CLC 587; Major (R) Rabdul Raul Khan v. Atta Khan and others 2003 MLD 1900; 1983 CLC 414 and 1995 CLC 695 rel. THIS JUDGMENT DELIVERED BY: SYED SAIJAD HASSAN SHAH, JUSTICE:---.--- This revision petition is preferred against the judgment and decree dated 13-3-2008 passed by learned Additional District Judge Peshawar, whereby, the appeal tiled against the judgment and decree dated 23-12-2006 of the Civil Judge-II Peshawar, was set aside and the suit filed by the plaintiff/petitioner (hereinafter called petitioner) against Gul Shah and Lal Gul deceased (represented by his L.Rs. Nos.2 to 15 the respondents herein): 2. Brief facts of the case are that the petitioner instituted a suit against the respondent No.1 and Lal Gul the predecessor of rest of the respondents, seeking the decree for declaration regarding a house…

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