Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Constitution of Pakistan (1973), Art.185(3)---Suit for declaration ---Benami transaction, plea of---Plaintiff claimed to be owner of the suit land on such plea---Trial Court decreed the suit in favour of the plaintiff whereas appeal filed by the defendant before Appellate Court was allowed and the suit was dismissed---Judgment and decree of the Appellate Court was upheld by the High Court in exercise of revisional jurisdiction--­Validity---High Court upheld the of the Appellate Court after attending to all the facts of the case in line with the arguments addressed and same was not .shown to be suffering from any deficiency---Plaintiff failed to point out that the Appellate Court was not possessed of the jurisdiction to reverse the findings of the Trial Court---Reversal of Trial Court's decree by Appellate Court was based upon solid grounds and in the absence of any ­misreading and/or non-reading of material evidence on the record, the same could not be interfered with. Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703 ref. Mir Haji Khan and 11 others-v. Mir Aijaz Ali and 2 others PLD 1981 SC 302 rel. ORDER CH. MUHAMMAD ARIF, J.---Petitioner Ameer Hussain Khokhar has filed this petition under Article .185(3) of the Constitution of Islamic Republic of Pakistan, 1973, against the judgment of Lahore High Court, Lahore passed on 14-2-1996 in Civil Revision No. 1573 of 1993, with the result that the judgment of the Appellate Court, favouring respondent Mst. Nargis Khatoon, was upheld and petitioner's suit for declaration and permanent injunction was dismissed. 2. The prayer clause in petitioner's suit for declaration with consequential relief in the form of permanent injunction read thus:-- "Under the circumstances, it is respectfully prayed that a decree with costs may kindly be passed in favour of the plaintiff and against the defendant declaring that:-- ' (i) The execution of sale-deed by the owners of the suit plot measuring two Kanals bearing Khasra No.969/881/95 situated and falling in Mauza Shadipura, Bund Road, Lahore vide registered sale-deed No.10682, Book No.1, Volume No.6029 dated 16-4-1975…

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