Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 39 & 52---Record of rights---Presumption of correctness--­Presumption of correctness would be attached only to the columns of ownership and of possession given in Record of Rights and no such presumption would be attached to the column of Lagan. Shad Muhammad v. Khan Poor PLD 1986 SC 91 ref. (b) Specific Relief Act (I of 1877)--- ----S. 8---Transfer of Property Act (IV of 1882), S.118---Civil Procedure Code (V of 1908), S.115---Suit for possession---Exchange of land---Proof---. Plaintiffs claimed possession of suit land on the basis of exchange agreement arrived at between predecessors-in-interest of parties but defendants denied the title of plaintiffs on basis of alleged exchange---Defendants had pleaded that-alleged exchange was a temporary arrangement and never meant to take effect, but plaintiffs had proved that land in dispute was given in exchange which later on was sold away by defendants---Such claim of plaintiffs was not challenged in cross-examination---Plea raised by defendants was proved to be false whereas statement made on oath by one of the plaintiffs with regard to exchange transaction was fully supported by the documentary evidence on record---Courts below having misread evidence on record, concurrent s and decrees passed by them were set aside by High Court in exercise of its revisional jurisdiction and suit was decreed. (c) Oaths Act (X of 1873)--- ----S. 4---Special oath---Person refusing to take special oath would not be presumed to have made a false statement. JUDGMENT On 20-4-1978 the petitioners filed a suit against the respondents. It was stated in the plaint that the land measuring 46 Kanals, 1 Marla owned by Muhammad Ramzan, predecessor-in-interest of the petitioners was exchanged with the land measuring 53 Kanals, 5 Marlas owned by Muhammad Hussain Khan, the predecessor-in-interest of respondents vide Mutation No. 156 attested on 23-3-1955; that the mutation was incorporated in the Revenue Record and the possession was exchanged; that out of the said 53 Kanals of land earlier owned by Muhammad Hussain suit land treasuring 8 Kanals, 4 Marlas comprising Pasra No.202 was…

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