Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Plaintiffs filed suit seeking declaration to the effect that they had purchased suit property from the defendants---Suit was partially decreed by the Trial Court but same was dismissed by the Appellate Court---Validity---Mutations were attested in favour of plaintiffs but in the column of cultivation, entries remained uninterrupted---Plaintiffs were recorded owners in possession of specific Khasra numbers in joint khata---Owners in possession in column of cultivation retained the property till partition was effected---Vendee of the property stepped into the shoes of the vendor and would have all the rights which his vendor had at the time of sale---Rights of specific Khasra numbers in the joint khata were protected till partition---Revenue officer or civil court should determine the dispute of title between co-sharers---Appellate Court had duly protected the rights of plaintiffs---No misreading and non-reading of evidence or jurisdictional defect had been found warranting interference---Revision was dismissed. Muhammad Muzaffar Khan v. Muhammad Yusuf Khan PLD 1959 SC 9 and Mst. Zakia Begum v. Nadir Khan and 40 others 2011 YLR 1397 rel. JUDGMENT MALIK MANZOOR HUSSAIN, J.---This Revision Petition is directed against the judgment and decree dated 4-6-2012 of learned Additional District Judge-VI, Mardan whereby appeal of the respondents No. 1 to 6 was accepted and the judgment and decree dated 28-3-2011 of learned Civil Judge-VIII, Mardan was modified to the extent that the present petitioners be compensated at the time of partition proceedings. 2. Brief facts of the case are that the petitioners filed a declaratory suit to the effect that they had purchased property measuring 69 kanals, 7 marlas from the respondents through different mutations and were wrongly incorporated in the column of cultivation instead of column of ownership. The suit was contested by the respondents by filing written statement. Issues were framed and accordingly parties were directed to adduce their respective evidence. The learned trial Court, after hearing the learned counsel for the parties, vide judgment and decree…

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