Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 8, 42 & 39---Suit for possession, declaration and cancellation of lease agreement---Defendants also filed suit against the plaintiffs for possession and mesne profits---Both suits were consolidated---Trial Court decreed suit of the plaintiffs and dismissed the suit filed by defendants---Appellate Court, on appeal, also dismissed the same---Contention of the defendants was that courts below had not dealt with the issue of limitation and that the burden to prove fraud was upon the plaintiffs which had wrongly been shifted upon the defendants---Validity---Defendants had not seriously contested the point of limitation---Appellate Court had extensively dealt with the point of limitation which did not call for interference by High Court in revisional jurisdiction---Findings of facts had been recorded by two competent forums, which were in line with the evidence on record---No jurisdictional defect, illegality or material irregularity in the conduct of proceedings had been pointed out in impugned s and decrees---Revision petition was dismissed by High Court. Dr. Shabbir Ahmed and 4 others v. Abdul Haleem and 3 others 2000 SCMR 1287; Wali and 10 others v, Akbar and 5 others 1995 SCMR 284; Majeeduddin Khan and others v. Sardar Khan and others 1990 SCMR 1031; Mst. Surryia Begum and others v. Mst. Suban Begum and others 1992 SCMR 625; Nawab Din v. Ghulam Qadir and 9 others 1994 MLD 1275; Shamsher Ali v. Sardar Khan 1991 CLC Note 133 and Abdul Aziz v. Muhammad Ashiq and others 1991 CLC 820 ref. (b) Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Civil Procedure Code (V of 1908), S.115---Suit for possession and declaration---Non-suited---Due to fault of other party---Plea of---Effect---Plea raised by the party that it was non-suited due to fault of Karachi Development Authority who had not adduced any evidence on record relating to transfer and subsequent lease---Validity---Party had approached the court, it was its duty to establish its case through cogent evidence and could not take advantage of the weakness of the other side. JUDGMENT MUHAMMAD TASNIM, J.--- Through this revision, the applicants have called in…

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