Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XIII, R.4---Evidence---Documentary evidence---Once a document has been admitted in evidence without objection, its admissibility cannot be subsequently challenged. Ch. Muhammad Saleem v. Muhammad Akram and others PLD 1971 SC 516 rel. (b) Specific Relief Act (I of 1877)--- ----S. 8---Transfer of Property Act (IV of 1882), S.118---Recovery of possession---Sale and exchange---Distinction---Payment of money. in lieu of land---Plaintiff and defendants mutually agreed to exchange their pieces of land---Plaintiff sought recovery of land owned by him which he had transferred to defendant in lieu of exchange as defendants did not perform their part of agreement and failed to transfer their land in exchange---Plea raised by defendants was that they had paid money to plaintiff instead of transfer of their land---Both the courts below had concurrently decided the case in favour of plaintiff---Validity--- Essential character of transaction of exchange was mutual transfer of ownership of property by two persons---If there was a transfer of ownership by one of the parties only and not by the other, such transfer was not exchange as there was no mutual transfer of ownership---There could be no exchange between the property and money as it amounted to sale, which was defined by S.54 of Transfer of Property Act, 1882---Plaintiff who mutated his agricultural land in the name of defendants but defendants were unable to transfer the agreed land, plaintiff was rightly held to be entitled to receive back his land by Trial Court as well as by Appellate Court---High Court declined to interfere with the s and decrees passed by two Courts below---Revision was dismissed in circumstances. Mst. Ghulam Zohran and another v. The Additional Chief Land Commissioner (Punjab), Lahore PLD 1977 Lah. 1038 and Mst. Marriyam Bibi v. Khan Muhammad through Legal Heirs and others 2004 YLR 288 fol. Malik Maqsood Ahmed Awan for Petitioners. Khan Muhammad Bajwa for Respondent. Date of hearing: 16th April, 2007. JUDGMENT FAZAL-E-MIRAN CHAUHAN, J.---On 20-3-1989, Muhammad Akram predecessor-in-interest of the petitioners filed a suit for possession of land…

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