Law:

Section:

Specific Relief Act (I of 1877)--S. 42---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration on "' basis of ownership of land---Dismissal of suit by all the Courts---Validity---All the Courts below found that plaintiff had failed to prove his case as alleged in the plaint---Burden of proof in support of claim of ownership was on plaintiff and evidence led by him, in that regard, was fully considered by Trial Court and also by Appellate Court---Plaintiff had not claimed that any piece of evidence had escaped notice of any one of forums seized of his suit, appeal or revision--­Scrutiny of evidence of plaintiff by High Court indicated that same was full of contradictions; that forums below had properly appraised evidence; that re­evaluation of entire material would lead to irresistible conclusion that plaintiff had failed to establish his right or title to land in question, with the result that relief claimed in suit could not be graned---Leave to appeal to Supreme Court was refused in circumstances. Hafiz S.A. Rehman, Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Petitioner. Nemo for Respondents. JUDGMENT CH. MUHAMMAD ARIF, J.---Through this petition under clause (3) of Article 185 of the Constitution of Islamic Republic of Pakistan, 1973, challenge has been made to judgment and decree dated 2-5-1996 passed by a learned Judge in Chamber of the Balochistan High Court, Quetta in Civil Revision No.69 of 1996 upholding the judgments and decrees dated 30-5-1995 and 30-11-1995 respectively passed by learned Qazi, Dalbandin and Majlis-e­Shoora, Kalat at Mastung, with the result that the suit of.the petitioner was dismissed at all levels. 2. A brief resume of the facts leading to the institution of this petition are that the petitioner brought a suit in the Court of learned Qazi, Dalbandin claiming possession of two Bundat of land situated in 'MAYAN' on the basis of ownership. His case was that about 15 years prior to institution of the suit 'Laths' were constructed by placing mud and stones on two Bundat in dispute and that the land within that boundary was brought under cultivation. The respondents/defendants unjustifiably encroached…

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