Law: Specific Relief Act, 1877

Section: 42, 54

Law: Qanun-e-Shahadat Order, 1984

Section: 117, 118 ,119

Law: Code Of Civil Procedure, 1908.

Section: 115

Law: Transfer of Property Act, 1882

Section: 53-A

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 42 & 54--Civil Procedure Code, 1908 (V of 1908), S. 115-- Transfer of Property Act, 1882 (IV of 1882), S. 53-A--Part performance--Section 53-A of Transfer of Property Act, 1882, in itself created a right in favour of transferee to retain possession--Such right came into existence when transferor put transferee in possession in part performance of contract/sale deed--Right created by Section 53-A in favour of transferee in possession could be termed as an equitable title which he held in property--Suit for specific performance--Declaration--Permanent injunction--Decreed--Appeal Dismissed--Sale-deed--Property dispute--Sale consideration--Possession handed over--Mutation--Oral evidence--Scribe of deed--Marginal witnesses--Petition dismissed.  [Pp. 137 & 138] A Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 117--Burden of proof--It is relevant to mention here that under Article 117 of The Qanun-e-Shahadat Order, 1984, if any person who desired to obtain a favourable judgment from Court of law was bound to prove all those facts which he/she had taken in his/her pleadings, either in plaint or in written statement.      [P. 138] B Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Arts. 118 & 119--Burden shifts--Particular facts-- It is also relevant to mention here that when once plaintiff succeeds to prove his/her stance, then under Article 118 of The Qanun-e-Shahadat Order, 1984 burden would shift to defendant and then under Article 119 of The Qanun-e-Shahadat Order, 1984 such defendant who wished Court to believe existence of a particular fact then such defendant was bound to prove same--Aforesaid burden on such person was enrooted in Article 119 of The Qanun-e-Shahadat Order, 1984.…