Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 185(3)

Specific Relief Act (I of 1877)---S. 42---Constitution of Pakistan (1973), Art.185(3)---High Court as well as the first appellate court after proper appreciation of evidence had recorded concurrent findings of fact that delivery of the possession of the suit property was not proved by the petitioner and that it was the respondents who were still in possession of suit property over which their predecessors had built up a house---In his earlier suit for possession of the suit property on the basis of ownership filed by the petitioner, he did not mention about making of the gift of the suit property to him by his father---Impugned of the High Court, not suffering from any infirmity warranting inference by the Supreme Court, petition for leave to appeal was dismissed. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The respondents instituted a suit against the petitioner for declaration in that suit property, a plot measuring 13 Marlas (approximately), had been gifted by Muhammad Azam alias Muhammad Azeem to his son late Rahim Bakhsh, their predecessor-in-interest. The petitioner made a similar claim that the suit property was gifted to him by his aforesaid father by a valid gift deed (Exh.D.1). The suit was decreed by the Civil Judge 1st Class, Bhalwal, District Sargodha vide judgment, dated 21-11-1996. On an appeal by the petitioner, the judgment of the trial Court was reversed by an Additional District Judge, Bhalwal vide judgment, dated 16-2-2000. It was held that both the parties had failed to prove the gift in their favour. Therefore, on the death of Muhammad Azam, his sons namely, Muhammad Yasin petitioner and late Rahim Bakhsh predecessor-in-interest of the respondents were entitled to inherit the suit property in accordance with Muhammadan Law. The Civil Revision…

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