Law: Specific Relief Act, 1877

Section: 8

Specific Relief Act (I of 1877)--- ----S. 8---Suit for possession through redemption of mortgaged house--­Property in question was mortgaged with the predecessor of the defendants--­None of the parties had raised any objection with regard to the mortgage of suit property, therefore, in absence of any objection from the either side, it stood proved that the suit house was mortgaged with the predecessor of defendants---Plaintiff claimed to have purchased the suit property vide unregistered deed whereas the defendants also claimed to have purchased the suit property through an unregistered sale-deed---Plaintiff had established his case through reliable and convincing evidence, he had examined the vendors who stated that they had sold the property in question to the plaintiff and the sale-deed produced by the defendants was fictitious document---Defendants could not place any document in support of purchase/exchange of the property in question and therefore failed to prove the purchase of the house in question---Lower Courts having failed to appreciate the evidence on record properly, High Court, in revision, decreed the suit of the plaintiff by setting aside the decrees and s passed by them. JUDGMENT Sahibzada Lihaz Gul petitioner/plaintiff filed Suit No. 13/1 for possession through redemption of the house more particularly described in the heading of the plaint against Fazal Karim defendant in the Court of learned Civil Judge, Tangi. The said suit was resisted by the defendant by filing written statement. The learned trial Court after framing issues and recording pro and contra evidence of the parties dismissed the suit vide judgment and decree dated 8-11-2000. Feeling aggrieved with the said judgment and decree, the petitioner/plaintiff filed Appeal No. 16/1 of 2001 in the Court of learned Additional District Judge-I, Charsadda. The said appeal was also dismissed vide judgment and decree dated 16-7-2002. Being not contented with the judgments and decrees of the learned Courts below, the petitioner has filed the revision petition in hand. 2. Mr. Iftikhar-ud-Din, the learned counsel representing the petitioner, argued that Fazal Akbar and Ali Akbar sons of Satdar…

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