Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 185(3)

Specific Relief Act (I of 1877)   S. 42 Constitution of Pakistan (1973), Art. 185(3) Plaintiff’s suit for declaration of ownership of house in question decreed by Trial Court ¬Appellate Court, however, dismissed plaintiff’s suit which was affirmed by High Court Validity Plaintiffs claim that house in question was in Shamilat and that they were among proprietary body of the village while defendant had no such right was not supported by Revenue Record Khata in which house in question was situate was neither owned by proprietary body of the village nor was shown as Shamilat Deb Plaintiff thus, failed to prove his ownership of house in ‘ question Alleged partition document produced by plaintiff was ambiguous and not worth consideration especially when defendant was not party to such deed and same was not supported by any independent evidence ¬Plaintiff also failed to prove his ownership or his predecessor in interest’s physical or constructive possession of house in question High Court had rightly come to conclusion that ownership of house was not proved by plaintiff Leave to appeal was refused in circumstances.  ORDER FAZAL ILAHI KHAN, J.Haji Abdullah predecessor in interest of the petitioners instituted a suit in the Court of Civil Judge, Charsadda, against Mst. Quresha defendant/respondent now dead and substituted by her L.Rs. respondents, for declaration to the effect that he was the owner of the suit house on account of family arrangement and that he had given it out to Sardar husband of Mst. Quresha for residence as tenant. That Mst. Quresha has later on claimed to be the owner of the house through a gift made in her favour by Sardar her husband. She also claimed that the other defendants/respondents are living in the house as tenants on payment of Khakshora to her. The rest of the respondents/defendants alleged that they were the tenants of Mst. Quresha to whom the house has been gifted by her husband. After recording evidence of the parties the learned trial Judge held Haji Abdullah plaintiff to be owner of the house on, the basis of partition deed Exh. P.W. 2/2 and that Sardar was his tenant in the house; hence, he was not competent to gift…

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