Law:

Section:

Specific Relief Act (1 of 1877)--S. 42---Constitution of Pakistan (1973), Art.185(3)---Suit for declaration of ownership---Plaintiffs claim for ownership had not been proved through any evidence ---Defendants' possession was undisputed---Entries in Revenue Record were in favour of defendants---Evidence having been properly appreciated by the Courts below, there was no misreading of evidence---Leave to appeal was refused in circumstances. ORDER ABDUL QADEER CHAUDHRY, J: --Leave to appeal has been sought against the judgment of the High Court dated 12-8-1990. 2. The facts, in brief, are that the petitioner filed a suit for declaration of ownership in respect of the suit land and for cancellation of sale by respondent No.1 in favour of respondent No.2. According to the petitioner, the land was gifted to her by her father 22 years before filing of the suit. The suit was contested by the respondents. Their plea was that the land belonged to respondents Nos.l and 3 and that about 40 years back their predecessor had given the suit land to 1st respondent and Mst. Aisha but on 27-5-1984 the first respondent and Mst. Aisha sold out the land to 2nd respondent for a consideration of Rs. 34,000. The learned Qazi by means of judgment dated 30-7-1989 dismissed the suit. On appeal, the learned Majlis-i-Shoora set aside the dismissal order and the case was remanded to the trial Court. By judgment dated 10-4-1990, the suit was decreed. The respondents filed an appeal before the Majlis-i-Shoora, Khuzdar. By the judgment dated 22-5-1990, the Majlis-i-Shoora set aside the judgment and decree of the learned Qazi and dismissed the suit. The petitioner filed a revision petition in the High Court which was dismissed by the impugned judgment. The…

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