Law:

Section:

Khyber Pakhtunkhwa Tenancy Act (XXV of 1950)---S.4---Specific Relief Act (I of 1877), S.42---Occupancy tenants, rights of ownership---Scope---Declaratory suit instituted by the petitioner against the respondents in respect of suit-land was dismissed---Appeal filed by petitioner was also dismissed by Appellate Court---Contention of the petitioners was that they were the original owners of the suit-land, while respondents were their tenants and could not acquire proprietary rights in suit land---Validity---Revenue record produced and duly exhibited by the Revenue official during the course of trial without any objection by either party had fully supported the stance taken by the respondents in regard to acquisition of the proprietary rights in the suit property---Petitioners had not proved that at the time of promulgation of the Khyber Pakhtunkhwa Tenancy Act, 1950, respondents or their predecessor had been paying any rent in cash or in kind in regard to the suit property---Respondents had acquired the status of full owners of the suit-land without payment of any compensation---Revision was dismissed. Qazalbash Waqf v. Chief Land Commissioner, Lahore 1989 SCMR 2012 distinguished. JUDGMENT IKRAMULLAH KHAN, J.---Through the instant, civil revision, the impugned judgment dated 19-3-2009, passed by the learned Additional District Judge-III, Charsadda has been challenged by the petitioners whereby the appeal against the judgment passed by Civil Judge, Charsadda at Shabqadar dated 31-5-2008 was dismissed. 2. Briefly stated facts of the case are that petitioners instituted a declaratory suit against the respondents, in respect of the suit-land, duly described therein the heading of the plaint on the ground, that petitioners are original owners of the suit property, while respondents are their tenants. Also prayed therein for possession of the disputed property. 3. The respondents seriously contested the suit filed against them and all most all the respondents took the plea of ownership of the suit property, being acquired such proprietary right on account of implication of law of tenancy enunciated through the Punjab Tenancy Act, 1887. 4. The learned trial Court on…

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