Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-----Arts. 72, 75, 76, 79 & 85---Documentary evidence---Proof "and admissibility of document---Document creating liability, had. to be attested by two witnesses and in order to prove such document attesting witnesses had to be called and if the document was not proved in accordance with law it had to be excluded from consideration---When original document was not produced and permission for leading secondary evidence was not obtained, copy of said document was not admissible---Contention that sale-deed in question being public document, was admissible, was repelled, firstly because said document was placed on record subject to objection by other side secondly original document was not produced; and thirdly it did not contain the thumb-impression/signature of executant. Nimatullah Shah v. Farmanullah and another 1980 SCMR 953 and Muhammad Yaqoob and others v. Naseer Hussain and others PLD 1995 Lah. 395 ref. (b) Specific Relief Act (I of 1877)--- ----Ss. 9, 42 & 54---Suit for possession, declaration and perpetual injunction---Suit was concurrently decreed by Courts below after framing issues and recording pro and contra evidence of parties---Courts below had rightly appreciated evidence available on record and law applicable to the case---In absence of any misreading/non-reading of evidence or any material irregularity or any jurisdictional error or defect, concurrent findings of Courts below could not be interfered with in revisional jurisdiction of High Court. 1992 SCMR 312; 2001 CLC 1119; 1997 CLC 1691; AIR 1920 Oudh 122; AIR 1926 Oudh 511; PLD 2001 SC 142; PLD 1990 SC 1; 1998 SCMR 996; PLD 1985 Quetta 105; Muhammad Rafiq and others v. Muhammad Ali and others 2004 SCMR 704; Ghulam Ali and 2 others v Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 and Mst. Namdara and 3 others v. Mst. Sahibzada and 2 others 1998 SCMR 1996 ref. Mian Iqbal Hussain for Petitioner. Roohul Amin for Respondent. JUDGMENT Mst. Bakht Malshah and other respondents Nos.1 to 5/plaintiffs filed suit against the petitioners/defendants for declaration, perpetual injunction and possession of the property mentioned in the heading of the plaint in the Court of…

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