Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Limitation Act (IX of 1908), Art. 120---Qanun-e-Shahadat (10 of 1984), Art. 100---Suit for declaration---Limitation---Document more than thirty years old---Proof---If witness of a document was not produced, the same could not be relied for claim as the same had not been proved---Document more than thirty years old could not be taken as gospel truth and the same had to be proved---Oral evidence produced by the plaintiff, in the present case, was not sufficient with regard to the proof of document---Plaintiff could not be given benefit under Art.100 of Qanun-e-Shahadat, 1984 being 30 years old document---Present suit was time barred, as period prescribed for filing of declaratory suit under Art.120 of the limitation Act, 1908 was six years---Revenue record had presumption of truth; cogent and confidence inspiring evidence was required to rebut the same---Courts below had decided the lis pending before them with conscious application of independent mind---Revision was dismissed, in circumstances. (b) Specific Relief Act (I of 1877)--- ----S. 42---Limitation Act (IX of 1908), Art.120---Suit for declaration---Limitation---Period prescribed for filing of declaratory suit was six (6) years. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 100---Document more than thirty years old---Admissibility---Scope---Document more than thirty years old could not be taken as gospel truth and the same had to be proved. JUDGMENT ABDUL LATIF KHAN, J.---This civil revision has been filed against the judgment and decree dated 22-2-2005 passed by the learned Additional District Judge-II/Izafi Zila Qazi, Buner at Daggar , whereby, judgment and decree dated 31-5-2002, passed by the learned Civil Judge/Ilaqa Qazi-III, Buner at Dagger has been maintained. 2. Arguments heard and record perused. 3. A perusal of record reveals that the plaintiff/petitioner filed a suit for declaration regarding disputed property and claimed himself to be owner in possession of the property and entries in revenue record made during settlement in the name of owners of ( ) village proprietary body are wrong, illegal and ineffective upon his rights and in alternative…

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