Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Suit for declaration and possession to the extent of 2/3 share of suit property on the basis of respective Kabinnama/Nikahnamas of plaintiffs---Trial Court passed a decree to the extent of 1/3 share in favour of one plaintiff, whereas the claim of other plaintiff was refused by the Trial Court---Defendants having not filed any appeal against the and decree passed by the Trial Court, same had attained finality against them---On filing appeal by one plaintiff, against and decree passed by the Trial Court, Appellate Court accepted the appeal and passed decree to the extent of 1/3 share of said plaintiff---Effect---Entire suit of the plaintiff to the extent of both the plaintiffs stood decreed against the defendants, in circumstances---Defendants who claimed ownership of suit property to the extent of 1/2 share, had failed to produce or refer any document reflecting their ownership of entire property or any part thereof--Document referred to by the counsel for the defendants which was not the part and parcel of the original suit and being a private document, could not be relied upon at revisional stage---Defendants had failed to rebut the claim of the plaintiffs and had also failed to prove their version---Judgments and decrees passed by the two courts below, were maintained in circumstances. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---Through the instant revision petition, the petitioners herein have challenged the judgment and decree dated 18-3-2006 and prayed for the restoration of judgment and decree dated 9-12-2004 of the learned trial Court in a suit for partition of a house wherein the plaintiffs/respondents have asked for partition of their 2/3 share in the suit house. 2. The learned counsel for the petitioners submitted that the present petitioners were the owners of the suit house to the extent of 1/2 share on the basis of Kabinnama dated 26-7-1942 executed in favour of Mst. Mah Rukh, petitioner No.1, and submitted that the judgment and decree of the appellate Court is against law and material available on the record. 3. On the other, the learned counsel for the respondents submitted that respondents…

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