Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 42

Law: Specific Relief Act, 1877

Section: 42

(a) Islamic Law--- ----Gift---Burden of proof---Scope---Party claiming disputed property to have been gifted to him by deceased in his lifetime would be bound to prove the same---Illustration. 2005 SCMR 135; 2000 SCMR 346 and 2011 YLR 2726 rel. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Entries in revenue record---Evidentiary value---Revenue record by itself would not be proof of title---Such entries, if challenged at earliest time, would have no authenticity. (c) Specific Relief Act (I of 1877)--- ----S.42---Limitation Act (IX of 1908), Art. 120---Suit for declaration---Dispute between parties over legacy of deceased as his legal heirs---Effect---Limitation would not run against plaintiff for being co-sharer and heir of common predecessor. Mst. Suban v. Allah Ditta and others 2007 SCMR 635 rel. JUDGMENT MUHAMMAD DAUD KHAN, J.---This revision is directed against the judgment and decree 8-5-2004 of the Additional District Judge/Izafi Zilla Qazi-IX, Swat vide which he dismissed the appeal of the petitioner/plaintiff and maintained the judgment and decree of the Civil Judge-IV/Illaqa Qazi, Swat dated 6-1-2003, whereby the suit of petitioner/plaintiff was dismissed. 2. Brief and necessary facts arising out of the instant revision petition are that petitioner Musafir and predecessor-in-interest of respondents Nos.1 to 12, namely Sultan Muhammad Khan, respondent No.13 Muhammad Ali Khan and predecessor-in-interest of respondents Nos.14 to 22, namely Zia-ud-Din Khan are brothers inter se, however, present petitioner Musafir was born from the womb of first wife and rest of other three brothers were born from the second wife of their father Babhoo, who was owner of landed property in Mauza Chinkolai, Tehsil Khwazakhela, District Swat. 3. The petitioner allegedly remained out of his native village during first settlement of lands and the respondents took advantage of his absence and entered the entire ancestral land in their name to the exclusion of petitioner, which promoted him to file a declaratory suit under paragraph 4 of Regulation II of 1975, in the Court of Deputy Commissioner, Swat, constituted under PATA Civil Procedure (Special Provisions)…

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