Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 8 & 42---Constitution of Pakistan (1973), Art.185(3)---Declaration of title and recovery of possession ---Ownership, proof of---Concurrent findings of facts by two Courts below-- Respondent claimed to be owner on the basis of registered sale-deed dated 13.8.1946, executed by the original owner and sought recovery of possession of the suit property, while petitioner stated to be the owner on the basis of agreement to sell dated 10.12.1946, executed by son of the original owner and sought declaration to such effect---Suit filed by the respondent was dismissed by the Trial Court and that of the petitioner was decreed---Appellate Court reversed the findings of Trial Court and decreed the suit of the respondent and that of the petitioner was dismissed---Judgments and decrees passed by Appellate Court were maintained. by High Court---Validity---Both the Courts recorded concurrent findings of fact---Petitioner failed to show how the son of original owner, from. whom he was claiming the execution of agreement to sell, was the owner of suit property---No evidence, as strong as that of the respondent, could be produced by the petitioner---Respondent had fully proved the execution of registered sale-deed by the owner---Even agreement to sell executed by the son of the owner was subsequent to the registered sale-deed---Judgment passed by High Court did not suffer from any legal infirmity so as to warrant interference by Supreme Court---Leave to appeal was refused. (b) Criminal Procedure Code (V of 1898)--- ----S. 145---Dispute over property---Finding of Criminal Court---Scope---Proceedings under S.145 Cr.P.C. were subservient to the determination of civil rights by Civil Courts. Arif Ch. Advocate Supreme Court for Petitioner (in both petitions). Ch Mehdi Khan Chohan, Advocate Supreme Court and Ch. Muhammad Anwar Khan, Advocate-on-Record for Respondent No.1. Sajjad Ahmed (Naib Tehsildar) for Respondent No.2. Ishfaq Ahmed (Patwari) for Respondent No.3. Date of hearing: 16th June, 2004. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks leave to appeal against judgment, dated 15-1-2003, passed by the Lahore High…

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