Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration and injunction to the effect that plaintiff was the owner in possession of the suit land and that the transaction with regard to its sale in favour of defendants did not materialize as the consideration was not paid, hence relevant mutation was liable to be cancelled---Said suit was dismissed in toto by the High Court---Validity---Leave to appeal was granted by the Supreme Court to consider the contentions of the plaintiff that the suit should not have been dismissed in toto by the High Court as burden of proof with regard to the payment of sale consideration was on the defendants, who made positive assertion that they made the payment after denial by the plaintiff and in that connection evidence produced by the parties had not properly been assessed by the First Appellate Court and the High Court and that mutation was not sanctioned and possession remained with the plaintiff as the sale consideration was not paid. (b) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), S.115---Interference by High Court in exercise of revisional powers---Scope---Limitations---Extent---Suit for declaration and injunction to the effect that plaintiff was the owner in possession of the suit land and that the transaction with regard to its sale in favour of defendants did not materialize as the consideration was not paid, hence relevant mutation was liable to be cancelled---Said suit was- dismissed in toto by the High Court---Validity---Record would show that the vendee, except the mutation containing the alleged admission of vendor had -not brought any document showing payment of sale consideration---Vendor had admitted the sale of land but denied the payment of sale price to him in the written statement and also in his statement before the Court---Vendor also denied to have made any admission regarding the payment of sale price by the vendee before the Revenue Officer---Payment of sale price could also be proved through oral evidence which had to be direct and of unimpeachable character---Payment admittedly was not made before the…

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