Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and permanent injunction---Respondent sued the petitioners through suit in respect of house in dispute claiming its ownership---Petitioners who also claimed ownership of said house on basis of sale-deed executed by another respondent and claimed declaration for their title and permanent injunction against the respondents---Both rival suits were consolidated and after recording pro and contra evidence and hearing the parties, the Trial Court dismissed suit filed by the petitioners and decreed suit filed by respondent---Judgment and decree passed by the Trial Court had been maintained in appeal---Validity---Petitioners had failed to discharge the onus probandi to substantiate that they were owners of the suit house on the basis of alleged sale-deed, which was neither proved nor exhibited in evidence---Counsel for the petitioners had failed to point out any illegality, irregularity, misreading, non-reading of evidence or jurisdictional defect in the impugned concurrent findings of the courts below; which being based on facts could not be set at naught by High Court in exercise of its revisional jurisdiction unless same was established through cogent and tangible evidence available on record that those were fanciful, erroneous or were based on misreading/non-reading of evidence---Revision petition being devoid of merits was dismissed, in circumstances. Muhammad Younas and others v. Essa Jan and others 2008 SCMR 1169; 2000 SCMR 346 PLD 1994 SC 291 and PLD 2002 SC 293 rel. THIS ORDER PASSED BY: QAISER RASHID KHAN, J.--- The petitioners/plaintiffs, Naseebullah Khan etc.; have through this revision petition challenged the concurrent judgments and decrees of the learned two Courts below dated 29-11-2005 and 17-6-2011 respectively whereby declaratory suit of the respondent No.2 was decreed. 2. Briefly stated facts of the case are that Muhammad Sher Khan sued the petitioners through Suit No.I70/1 of 2005 in respect of a house detailed in the plaint claiming its ownership on the basis of a sale-deed dated 4-4-2005 executed by Mst. Zainuh. Likewise, the petitioners also claimed ownership of the…

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