Law: Civil Procedure Code (V of 1908)

Section: O. VII, R. 3

Law: Specific Relief Act, 1877

Section: 42, 54 , 55

(a)    Civil Procedure Code (V of 1908)---

----O. VII, R. 3---High Court (Lahore) Rules and Orders, Vol.I, Ch.1-C, Part-C--Specific Relief Act (I of 1877), Ss.42, 54 & 55---Suit for declaration, partition, mesne profit, consequential relief, mandatory and permanent injunction---Non-mentioning of description of property---Effect---Suit was decreed concurrently by courts below---Validity---Property mentioned at Serial No.II of the plaint neither carried any specific description nor was supported by any documentary evidence such as mutation, Khasra number, or any other relevant revenue record to substantiate the ownership of the predecessor-ininterest---Decree cannot be sustained in respect of property which is uncertain, unidentifiable, or whose title is not established on record---Failure to produce cogent and reliable documentary evidence pertaining to the said property rendered the findings of the courts below, to that extent, erroneous and not sustainable in the eyes of law---Judgments and decrees of courts below were modified to the extent by excluding the same from the purview of the decree and the remaining findings and reliefs were maintained---With these modifications the judgments and decrees of courts below were maintained, in circumstances.

Muhammad Sabir and 3 others v. Mst. Janat Khatoon 2015 CLC 1042 rel.