Law: Specific Relief Act, 1877

Section: 8,42

Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Suit for possession and declaration---Both the Trial Court and Appellate Court had concurrently dismissed suit for possession and declaration filed by the plaintiff against the defendant---Pivotal document was deeply examined, appraised and deciphered by both the courts below---Courts below had given detailed findings upon the same, discussed material evidence and thereafter concurrently non-suited the plaintiff---Evidence of the plaintiff had made it clear that material contradictions were found in the testimony of two of the witnesses produced by the plaintiff and also that possession of the entire property was not handed over to the plaintiff and that alleged gift in respect of suit property in favour of the plaintiff was incomplete---No material irregularity, misreading or glaring non-reading of evidence had been pointed out---All points argued at the bar had been comprehensively taken .care of and answered by both the courts below---Concurrent findings of fact recorded by the courts below against the plaintiff, did not warrant any interference by the High Court, in revision. THIS JUDGMENT DELIVERED BY: SYED ASGHAR HAIDER, J.--- The petitioner's father purchased the disputed land, later he gifted the same to the petitioner vide registered gift deed No.1220, dated 26-4-2001. The petitioner thereafter constructed a house upon it, half portion of this property was taken over by the petitioner's real brother, who later claimed ownership qua the same. In this view of the matter, the petitioner filed a suit for declaration and possession. The respondent contested the suit by filing written statement pleading, inter alia, that the property was purchased from his resources and the house was constructed by him and as such was owner of the same in his own right. Of the divergent pleadings of the parties issues were framed, parties were put to trial and thereafter the suit in question was dismissed by the trial Court. Aggrieved thereof the petitioner filed an appeal, which also was dismissed by the lower appellate Court, hence the present petition by the petitioner. 2. The learned counsel for the petitioner…

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