47/2003 Civil Revision Khalid Hussain thr:LRs (Applicant) V/S Province of Sindh and other (Respondent)

47/2003 Civil Revision Khalid Hussain thr:LRs (Applicant) V/S Province of Sindh and other (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 11-SEP-15

Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O. XLI, R. 31---Suit for declaration without seeking possession---Main-tainability---Gift---Proof of---Contention of defendants was that no valid and legal gift was made in favour of plaintiff---Suit was dismissed concurrently---Validity---No attesting witness of gift was produced by the donee---Nothing was on record with regard to possession of plaintiff on the suit property---Plaintiff had failed to prove the execution of gift in her favour---Suit for declaration without seeking possession was not maintainable---Both the courts below had decided the matter by referring evidence on record---Case should not be remanded when there was sufficient material available to examine the issues to settle the dispute between the parties---Sufficient compliance had been made of the requirements of O. XLI, R. 31, C.P.C.---No effort was made to claim possession pending the appeal before the Appellate Court---Revision could be dismissed on account of failure of plaintiff to seek possession along with declaration of ownership in circumstances---Revision was dismissed in circumstances. National Bank of Pakistan v. Mst. Hajra Bai and 2 others PLD 1985 Kar. 431; Muhammad Subhan and another v. Mst. Bilquis Begum through Legal Heirs PLD 1994 Kar. 106; Messrs National Bottlers (Pvt.) Ltd. v. Additional Secretary, Federation of Pakistan and 2 others 1995 CLC 631; Auqaf Department v. Javed Shuja and others 1995 CLC 1173; Rashid Ahmed and others v. Sardar Bibi and others 1994 MLD 467; Nasrullah Khan v. Rasul Bibi 2001 SCMR 1156; Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53; Jam Pari v. Muhammad Abdullah 1992 SCMR 786; Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291; Abdul Hakeem v. Habibullah and 11 others 1997 SCMR 1139 and Anwar Zaman and 5 others v. Bahadur Sher and others 2000 SCMR 431 ref. Nasir Abbas v. Mansoor Haider Shah PLD 1989 SC 568; Syed Iftikhar-ud-Din Haider Gardezi and 9 others v. Central Bank of India, Ltd., and 2 others 1996 SCMR 669; Abdur Razzaq v. Sabar Khan 2004 CLC 950; Sultan Muhammad and another v. Muhammad Qasim and others 2010 SCMR 1630; Sarfraz Khan v. Federation of Pakistan 1986 SCMR 1950; Niaz Ahmed Khan v. Kishwar Begum and 19 others PLD 2003 Lah. 48; Haji Ghulam Rasool and others v. The Chief Administrator of Auqaf, West Pakistan PLD 1971 SC 376; Amanat Ali v. Abdul Haque and 27 others 1999 MLD 1148; Muhammad Yousaf and 3 others v. Mst. Zubeda Begum and another 1993 MLD 2138; Mir Zaman v. Mst. Begum Jan and 11 others PLD 1983 Pesh. 100; Mian Tahir Shah and another v. Additional District Judge, Swabi and others 1998 SCMR 858; Muhammad Yousaf v. Abdul Majid PLD 1993 Lah. 245; Haji Jan Muhammad v. Provincial Water Board, Balochistan, Quetta PLD 1994 SC 242 and Allah Bakhsh and another v. Ghulam Janat and 6 others PLD 1993 Lah. 254 distinguished.