Law:

Section:

(a) Transfer of Property Act (IV of 1882)--S.54---Qanun-e-Shahadat (l0~of 1984), Arts. 117, 118, 119 & 120---Oral sale made by an old lady---Proof---Onus to prove---Oral sale executed by old lady having been denied, onus shifted upon the other side. (b) Limitation Act (IX of 1908)--- ----Art. 120---Sale transaction---Limitation---Scope---Sale transaction could be challenged within six years of sale of land, which of course, was the date of knowledge thereof under provisions of Art. 120 of Limitation Act, 1908. (c) Civil Procedure Code (V of 1908)--- ----O.XIV, R.5---Framing of additional issue---Assailing of on such score---Validity---Where throughout the proceedings, no request was made for framing of an additional issue, could not be challenged on such score. Mehr Din v. Dr. Bashir Ahmed Khan and 2 others 1995 SCMR 1 rel. (d) Specific Relief Act (I of 1877)--- ----S.42---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration without. consequential relief of possession---Maintainability---Suit land was mortgaged and respondent mortgagor filed suit for declaration without consequential relief of possession---Trial Court decreed the suit whereas appeal and revision filed by the petitioner were dismissed by Lower Appellate Court and High Court respectively---Petitioner raised plea of maintainability of the suit for not having claimed possession as consequential relief-=-Validity---Steps would be taken by the respondent, mortgagor for redemption of the mortgaged land by invoking jurisdiction of Assistant Commissioner under West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964---Leave to appeal was refused. Ch. Muhammad Arshad Ramay, Advocate Supreme Court and M.A. Qadri; Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 23rd November, 1999. ORDER SH. RIAZ AHMED, J.---Leave to appeal is sought against the judgment and order dated 1-10-1999 whereby a revision petition filed by the petitioners under section 115, C.P.C. against the judgment and decree passed by the learned Civil Judge in favour of the respondent and affirmed in appeal, was dismissed. 2. The relevant facts giving rise to the institution of this…

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