Law: Specific Relief Act (I of 1877)

Section: 8 , 42

Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Suit for declaration and for possession---Plaintiffs filed suit for declaration and in alternative for possession against defendants to the effect that they were owners of disputed house---Proof of title regarding suit house was squarely a burden of plaintiffs, but they had failed to produce any documentary evidence qua the title of the suit house---Plaintiff has to succeed on the strength of his own case and not on the weakness of the case of defendant---Plaintiffs having failed to establish their title in respect of house in dispute their suit was rightly dismissed by Courts below. Mumtaz Khan for Petitioners. Munir Khan for Respondents. Date of hearing: 23rd November, 1995. JUDGMENT Muhammad Sher son of Nasrullah and numerous others brought a suit against Zamrood and 8 others for a declaration and in the alternative, for possession to the effect that they are owners of the disputed house measuring 9 Marlas and that the sale thereof through deeds dated 14-11-1980 and 14-12-1980 on behalf of defendants Nos.1 to 7 in favour of defendants Nos. 8 and 9 was void, unlawful and ineffective upon the rights of the owners.   The main allegation of the plaintiffs was that they belonged to the proprietary body of the village and hence owners of the house which the defendants were not and further that the predecessor of defendants Nos. 1 to 7 and the defendants were tenants of the plaintiffs on payments of `Khakshora' and on rendering services. The defendants contested the suit and ultimately on 9-2-1991 it was dismissed by the learned Additional Civil Judge, Swabi. Appeal filed by the plaintiffs was also dismissed by the learned Additional District Judge, Swabi on 24-4-1993 and hence this revision.   It is a well known principle of law that a plaintiff has to succeed on the strength of his own case and not on the weakness of the case of the defendants So the proof of title regarding the suit house was squarely a burden of the plaintiffs. They have failed to produce any documentary evidence qua the title of the suit house despite the fact that one Amir Khan a witness of the plaintiffs had categorically…