MUHAMMAD AYUB vs SALIM Ss — 2022 CLC 1740 PESHAWAR-HIGH-COURT

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MUHAMMAD AYUB VS SALIM Ss.42 & 45---Qanun-e-Shahadat (10 of 1984), Art.79---Civil Procedure Code (V of 1908), S. 115 & O.VII, R.7---Limitation Act (IX of 1908), Art. 113---Specific Relief Act (I of 1877), Ss. 12, 42 & 54---Suit for declaration and injunction---Revenue record---Proof of title---Scope---Relief, molding of---Concurrent findings of facts by two Courts below---Petitioner / plaintiff claimed to be owner in possession of suit property on the basis of acknowledgement agreement executed by defendant---Suit property was incorporated in the name of defendant in revenue record---Suit and appeal were concurrently dismissed by Trial Court and Lower Appellate Court respectively---Validity---Entry in revenue record / registration of mutation were made for fiscal purposes and did not confer any title on beneficiary, who had to independently establish transfer of property in her favour through any arrangement preceding attestation of mutation--- Burden to establish title which plaintiff acquired on the basis of mutation, was on him which he was to establish in manner as provided under Art.79 of Qanun-e-Shahadat, 1984---Court was empowered under O.VII, R.7, C.P.C. to grant such relief on conclusion of trial as it could think just to the same extent as if it had been asked for---Court of equities while administering civil justice could never remain mistress of rules and procedures---Both the parties did not give any date for registration of deed---Limitation was to run from date when it was noticed by plaintiff that vendor / defendant refused to perform her part of obligation i.e. attestation of mutation or execution of registered deed---Suit of plaintiff against defendant if considered as suit for specific performance, was not barred by any period of limitation---High Court converted suit for specific performance of agreement and directed defendant to execute registered sale deed in favour of plaintiff---Revision was allowed, in circumstances. Head Notes

MUHAMMAD AYUB vs SALIM Ss — 2022 CLC 1740 PESHAWAR-HIGH-COURT

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