Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120--­Constitution of Pakistan (1973), Art,. 185(3)---Right in suit property--­Concurrent findings- of fact by the Courts below---Vendor governed lay custom (Rewaj)---Onus to prove---Claim of the plaintiff was that the suit land was owned by her father and after his death her mother. had become only limited owner, therefore, the sale of the land was sought to be set aside---Onus was on the plaintiff to prove that her mother was governed by custom (Rewaj) but she failed to even cross-examine the defendant who entered in witness-box and stated that the mother of the plaintiff was full owner of the suit land---Such statement of the defendant was not challenged---Plaintiff failed to bring any evidence on record that the suit land was transferred to her mother in lieu of her alleged limited estate--­Trial Court dismissed the suit and the and decree was maintained by Appellate Court as well as by High Court ---Validity---­Concurrent findings of fact existed and no evidence was available on record to support the contentions of the plaintiff---Supreme Court declined to interfere with the concurrent findings of facts by the Courts below---Leave to appeal was refused. Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291 and Mussarat Sultana v. Muhammad Saeed 1997 SCMR 1866 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.-----This petition for leave to appeal has been filed against order, dated 9th July,, 1999 passed by Lahore High Court, Lahore whereby R.S.A No.67 of 1999 has been dismissed. 2. Precisely stating facts of the case are that Mst. Mehr Bibi widow of Nemat Khan being recorded owner of the suit land sold away the same to the respondent which fact can be verified from the judgment/decree of Civil Court, dated 24-7-1991. One Mst. Umer Hussan claiming herself to be daughter of Nemat Khan and Mst. Mehr Bibi filed a suit challenging the sale of the property on the ground that the land was transferred to Mst. Mehr Bibi on RL-II against her verified claim on the Lasis of land owned by said Nemat Khan in India which was mutated in favour of Mst. Mehr Bibi being limited owner…

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