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.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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