Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)----- ---S. 42---Suit for declaration to the effect that the plaintiff was in possession of agricultural property and a house, as his gifted property and the defendant had no right to deny the ownership and possession of the plaintiff and if the defendant was in possession of any documents regarding the property mentioned in the list with the plaint, then the same were forged and fictitious and ineffective upon the rights of the plaintiff---Both the Courts below had concluded that the plaintiff had produced sufficient evidence in support of the execution of the alleged gift deeds whereas the defendant could not produce such type of evidence as the witnesses were not only related to the defendant but the number of witnesses was also insufficient--­Courts below laid much stress on the production of witnesses in support of gift deeds but ignored to assess the evidentiary value in the light of necessary ingredients such as possession of the alleged gifted property---Evidence of both the parties rested only on the point of execution of the gift deeds and not on possession---Evidence showed that possession had not been delivered to the plaintiff---Validity---Relationship of witnesses with the defendant was no disqualification and only two witnesses were sufficient for the purpose of a document---Number of witnesses produced by the parties, therefore, could not be compared for arriving at a just conclusion, as it was the quality of evidence to be appreciated by the Courts in such-like cases---If the witnesses produced by the defendant were related, the evidence of plaintiff also showed that his witnesses were also related to him, and therefore, two different yardsticks were not required to be applied while appreciating the evidence of both the parties---High Court, set aside the impugned s and decrees of the Courts below and it was declared that the plaintiff had not proved the execution of the gift deeds in his favour, hence the property of the deceased being joint between the parties would be distributed amongst the legal heirs of the deceased in accordance with "Sharai" shares of the parties. JUDGMENT Sharifullah Khan, petitioner, has…

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