Law: Criminal Procedure Code (V of 1898)

Section: 550

Law: Criminal Procedure Code (V of 1898)

Section: 550

Specific Relief Act (I of 1877)-------S. 42---Declaration of title---Concurrent findings of fact by two courts below---Ownership, proof of---Evidence---Car in question was detained by police on the allegation of its being a stolen vehicle---Plaintiff claimed to be owner of that car on the ground that he was bona fide purchaser of the same---Validity---Evidence of various kinds was available which one could produce before a court of law to show his claim for a particular entitlement---Plaintiff relied upon oral as well as documentary evidence---Oral evidence should have been direct whereas documentary evidence should have been original documents in the first instance and in the second the secondary---Claim of plaintiff on corroboration of purchase from a particular person was lacking---Documentary evidence was also secondary and was of no worth in law whereas it was proved on record that vehicle in question was with cut and welded chassis and engine had been replaced---Report of Forensic Science Laboratory about tampered, cut and welded chassis of car was also available on record---Identity card of the seller of car was also found bogus, fake and forged, while motor company had reported that car in question was never manufactured by it---Both the courts below had rightly non-suited the plaintiff who failed to prove his entitlement and right to the vehicle---High Court declined to take any exception to concurrent findings of two courts below---Revision was dismissed in circumstances. Bashir Ahmad Shaheen for Petitioner. Muhammad Nawaz Bajwa, Asstt. A.-G. along with Muhammad Rafique Inspector for Respondents. Date of hearing: 14th July, 2008. JUDGMENT RANA ZAHID MAHMOOD, J.--- Civil Revision against the judgment and decree, dated 23-12-2006 passed by learned trial Judge dismissing the suit of the petitioner for declaration with consequential relief which was affirmed on appeal by learned Additional District Judge vide impugned judgment and decree, dated 19-4-2007. 2. Brief facts are that Toyota Corolla Car Model 1994 Registration No.A-0699 was allegedly purchased by the petitioner/plaintiff from one Hafiz Said Hussain from Shikarpur Sindh against consideration of…

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