Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----S. 53-A---Specific Relief Act (I of 1877), S. 42---Suit for declaration of title on basis of unregistered sale-deed---Plaintiff's plea that he was in possession of suit land on basis of such deed dated 31-8-1967, thus, his rights of ownership were protected under S. 53-A of Transfer of Property Act, 1882---Validity---Un-registered sale-deed, if coupled with delivery of possession, could be used as weapon of attack like present suit---Record showed that suit land purchased by plaintiff formed a very small portion of joint property---Evidence on record was sufficient to prove execution of such deed, but not payment of sale consideration---Mere proof of execution of such deed would not absolve plaintiff from burden to prove that prior to suit sale, his vendor was in possession of joint property and he delivered physical possession thereof to plaintiff under suit sale---Nothing on record was available to prove that prior to suit sale, vendor of plaintiff was in possession of suit land---Entry of plaintiff's possession made in Khasra Girdawri for first time in Rabi-1997 could not be considered as an entry of his possession as owner under suit sale of year 1997---Plaintiff had failed to prove delivery of physical possession of suit land to him under suit sale---Suit was dismissed in circumstances. Hikmat Khan v. Shamsur Rehman 1993 SCMR 428 and Fazla v. Mehr Din and 2 others 1997 SCMR 837 rel. (b) Civil Procedure Code (V of 1908)--- ----S.115---Revisional jurisdiction--Scope--Such jurisdiction could be exercised in aid of justice, but not to defeat ends of justice. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---Impugned herein is the judgment and decree dated 6-12-2001 of the Additional District Judge, Nowshera whereby appeal of defendant/respondents was allowed by setting aside the judgment and decree dated 26-2-2000 of Civil Judge, Nowshera in favour of plaintiff/ respondents. The learned counsel for the petitioners contended that the rights of the plaintiff/petitioners are protected under section 53-A of the Transfer of Property Act, as they are in possession of the suit property as owner on the strength of an…

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