Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 8---Suit for possession on the basis of title---Suit was decreed by Trial Court but decree was upset by the Appellate Court--­Maintainability---Plaint did not show that possession of the land was also delivered to the plaintiffs under the allotment order---Document produced by the plaintiff in support of his claim did not contain any description and location of the plot so allotted---Neither copy of allotment order, nor any certificate showing allotment was produced indicating that Ahata in question was allotted to him---Oral evidence of the plaintiff was not supported by any document ---Patwari Halqa admitted in cross-examination that the land was a part of Abadi Deh which was not State land; and that the said land could not be identified at the spot because there was neither any mutation nor any record of delivery of possession of the alleged allotted land--­Held, since neither any order of allotment, nor that of delivery of possession under the alleged allotment was produced, finding of Appellate Court that petitioner had failed to prove his case was unexceptionable. (b) Suit--- ---- Plaintiff has to stand on his own legs and it is for him to prove his case. (c) Civil Procedure Code (V of 1908)--- ----S. 115 & O. XLI, R. 27---Acceptance of application for additional evidence by Appellate Court---Contention was that application was accepted without allowing the petitioner to produce evidence in rebuttal to the additional evidence---Neither copy of order accepting application for additional evidence nor any other order of Appellate Court was annexed with the revision petitions nor any material had been placed on record at any subsequent stage to show that the right of rebuttal was refused to the petitioner---Such bald assertion of the petitioner was not sustainable. (d) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Scope---Said jurisdiction is directed against irregular exercise non-exercise or illegal assumption of jurisdiction and not against conclusion of fact or law not involving question of jurisdiction. Mirza Aziz Akbar Baig for Petitioner. Khizar Hayat Khan Punian for…

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