Law:

Section:

Specific Relief Act (I of 1877)------S.42---Constitution of Pakistan (1973), Art.185(3)---Suit for declaration--­Leave to appeal---High Court after thorough appraisal of evidence on record came to conclusion that disputed sale-deed by which petitioner allegedly purchased land in question, appeared to be of doubtful authenticity and that Trial Court rightly decided case against petitioner and in favour of respondent- Leave to appeal was refused. ORDER S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners from the order of the Lahore High Court, Bahawalpur Bench dated 30-11-1986, whereby civil revision of the respondents against the judgment of Additional District Judge-II, Rahimyar Khan dated 3-4-1983 was accepted. Raban the predecessor-in-interest of the plaintiffs/petitioners is alleged to have purchased 15 kanals 12-1/2 marlas land by means of a sale-deed dated 4-4-1919 from Hamal and another the predecessors-in-interest of the defendants/respondents. Raban remained in possession of the disputed land and there are 3 mutations No.1140, 1141 and 1159 entered of the land in dispute. Subsequently, vide all the three mutations the land in dispute was transferred to different transferees. Mutation No.1141 is in respect of a gift made by Shahru in favour of Wali Dad defendant/respondent on 27-6-1969 and Mutation No.1140 was got sanctioned by Allah Wadhhaya, Allah Diwai and Wali Dad defendants/ respondents in favour of Hamal on 30-1-1970 while Mutation No.1159 is also of sale in favour of Hamal from Ibrahim Pandhi, Haleem, Mst.Chuttan, Khuda Bakhsh and Mst.Khanam, defendants/respondents. The plaintiffs/petitioners brought a suit for declaration being owners in possession…

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