Law:

Section:

2016 YLR 279 (a) Specific Relief Act (I of 1877)--- ----Ss. 8, 39, 42, 54 & 55---Qanun-e-Shahadat (10 of 1984), Arts. 100 & 126---Suit for declaration, perpetual and mandatory injunction, possession and cancellation---Ninety years old title document---Presumption of truth and limitation---Entries in revenue record---Presumption of truth---Plea of fraud---Requirement as to giving particulars of fraud and proof---Burden---Plaintiffs filed suit claiming that their grandfather was owner-in-possession of suit property, after whom their father became owner of same, but predecessor defendants in collusion with revenue officials had made wrong entries in revenue record on basis of forged and fraudulent sale deed---Both Trial Court and appellate court dismissed the suit---Contentions raised by plaintiffs were that their predecessor was illiterate person and was therefore not able to sign disputed sale deed---Plaintiffs, in support of their contentions, could not produce any evidence, particularly for proof of alleged fraud and misrepresentation and had only relied on oral testimony---Defendants produced title deed regarding suit property which contained Urdu signatures of predecessor of plaintiffs---Suit property had been transferred in revenue record in name of predecessor of defendants through sale deed, and they had been in continuous possession of suit property since their name in revenue record on basis of said sale deed---Defendants also produced revenue record to prove entries in their names, which had presumption of truth---Defendants, on basis of title deed and revenue record, being owners-in-possession of suit property, burden of proof was on plaintiffs to prove their ownership by proving allegations of fraud against defendants---Presumption of truth was attached to sale deed in dispute, as same was ninety years old document---Plaintiffs were legally bound to mention fraud in very express way by giving particulars of fraud in plaint stating as to by whom and when fraud had been committed---Plaintiffs were also bound to prove fraud through believable evidence---Plaintiffs could not produce single witness to prove allegations of fraud---Sale deed in…

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