Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 42 & 8---Limitation Act (IX of 1908), Art.120---Qanun-e-Shahadat (10 of 1984), Art.100---West Pakistan Land Revenue Act (XVII of 1967), Ss.39 & 52---Suit for declaration and possession---Limitation---Scope---Contention of plaintiffs was that they were owners of suit property and entries in the Revenue Record were result of fraud---Suit was dismissed concurrently---Validity---Six years period was available to the plaintiffs to approach a court for declaration of title from the date when right to sue accrued---Accrual of grievance would be the relevant time to determine the stipulated period of limitation for filing of suit---Period of limitation would start as soon as title was denied or the entries in the record had become adverse---Defendants were in possession of the suit property---Date of recording of impugned entries in the Revenue Record was not disclosed by either of the parties---Said entries were not made part of record which were neither tendered in evidence nor marked as exhibits by either of the parties---Said entries were effected in the record during the course of settlement held 30 years back---Time to file a suit for declaration as to entry in the record of rights or periodical record would start from the accrual of cause of action to a party and not from the date of effecting of such entry---No record was available as to when such entries were effected in the Revenue Record, however same were made 25 to 30 years back---Plaint and evidence on record had not specified the date or period when title of plaintiffs was denied by the defendants---Entries maintained in the Revenue Record were not for the purpose of title deed but it described that a title would rest with a person---Entry in the Revenue Record would neither create a title nor extinguish the same but it would describe a title of a person which was believed to be true until proved otherwise---Presumption of truth would be attached to the entry in the record of rights and periodical record until contrary was proved or a new entry was lawfully substituted, however such presumption was rebutable---Name of plaintiffs did not appear in the…

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