Law: Specific Relief Act, 1877

Section: 8

Law: Specific Relief Act, 1877

Section: 8

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Qanun-e-Shahadat (10 of 1984)-------Art.129(g)---Best evidence must be produced and should not be withheld. NS Vehkatagiri Ayyangar's case PLD 1949 PC 26 and Abdul Ghafoor v. Kallu 2008 SCMR 452 ref. Sardar v. Gurdial AIR 1927 PC 230; Bajranglal v. Sheeta Ram AIR 1949 Cal. 457; Ramchand v. India AIR 1962 Bombay 92; Virendra v. Jagjivan AIR 1974.SC 1957; Bhagwan v. Bhishan AIR 1974 Punjab 7; Mst. Kamina v. Al-Amin 1992 SCMR 1715 and Iswar v. Harihar AIR 199 SC 1341 rel. (b) Specific Relief Act (1 of 1877)--- ----S. 8---Suit for possession on basis of title---Proof---Duty of plaintiff to establish his ownership without any shadow of doubt. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 117 & 118---Burden of proof on a party must be discharged unclinchingly and not with shaky evidence. Malik Muhammad Ibrahim for Petitioners. Sheikh Muhammad Faheem for Respondents. ORDER CH. NAEEM MASOOD, J.--- This civil revision is directed against the judgment and decree dated 9-2-2007 passed by learned Additional District Judge, Rajanpur; whereby the judgment and decree dated 16-6-2006 passed by learned Civil Judge, 1st Class, Rajanpur was set aside and the suit filed by the petitioners/plaintiff was dismissed. 2. The facts in brief are that the petitioners/plaintiffs filed a suit for possession about the property in dispute pleading therein that one Allah Bakhsh was the owner of the property in dispute and that Muhammad Bakhsh son of Allah Rakha purchased the said property on 31-10-1945 and that Allah Rakha the predecessor-in-interest of the petitioners has expired and the petitioners being his legal heirs are owners of the suit property. That the property in dispute was taken as a temporary residence so as to return the same on demand and that the petitioners had made persistent demands but the respondents did not vacate. The suit was contested by the respondents. After the trial, the suit was decreed on 31-7-2003 in favour of the petitioners against which an appeal was filed and the case was remanded by the learned appellate Court for framing additional issues to the following effect:--- (i) Whether description of the suit property is incorrect, if so, what is the…

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