Law:

Section:

This revision petition calls in question the judgn4ent and decree dated 20-7-1991 of the learned District Judge, D.I. Khan which affirmed the judgment and decree dated 17-6-1991 of the learned Civil Judge, D.I. Khan whereby the respondent's suit for possession of a house situate in D.LKhan City was decreed pursuant to an oath taken by him on the Holy Qur'an.

2. The facts constituting the background of the case in brief are that the respondent Noor Din brought a suit on 18-7-1990 seeking possession of the suit house on the basis of title together with a declaration to the effect that he was its owner and the sale-deed dated 4-1-1970 purported to have been executed by him in favour of his brother-in-law Bhorey Khan, petitioner herein, being fictitious, without consideration and the outcome of fraud was void and ineffective on his rights. It was alleged in the plaint that the suit house was the permanent abode of the respondent since 31-8-1965 when he had become its owner on the strength of a P.T.D. though at times he temporarily resided in his second house situate in Village Paharpur where he owned landed property and had also established a small business. That sometime in the year 1969 his sister and her husband namely the petitioner took up residence in the suit house as licensees with an explicit understanding that they shall vacate the same as and when required. That the respondent used to stay in the suit house whenever he visited