Law:

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Art. 85---Public document---Presump-tion of truth---Scope---Presumption of truth was attached to the public document in absence of any cogent evidence to the contrary---Contention of plaintiff was supported by document to which defendants had failed to rebut through convincing evidence---Defendants had failed to prove their ownership with regard to suit property---Concurrent findings recorded by the courts below were based on sound reasons---No illegality or irregularity had been pointed out in the impugned s and decrees passed by the courts below---Revision was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: HAIDER ALI KHAN, JUSTICE:---.--- Through the instant civil revision petition, the petitioners have called in question the judgment and decree dated 23.10.2004 of the learned Additional District Judge/Izafi Zilla Qazi, Malakand at Dargai, whereby appeal preferred by the petitioners was dismissed and judgment and decree dated 13.01.2004 of the learned Civil Judge/ Illaqa Qazi, Dargai, whereby suit of the Respondent No. 1 had been decreed, was maintained. 2. Precise and relevant facts of the case are that the Respondent No. 1/plaintiff filed a suit for declaration and perpetual injunction against one Mst. Khaista Bibi, the present petitioners and rest of the respondents/defendants to the effect that the suit land falling in Khasra Nos. 78, 85 Khata No. 1 measuring 201-K 19-M situated at village Badraga, Tehsil Dargai was inherited by his father through Mutation No. 97 attested on 20.5.1946 which later on came into the ownership of the Respondent No. 1/plaintiff as ancestral property by the dint of Tamleek Nama dated 05.7.1969 and Mutation No. 125 dated 08.4.1974 which was executed on the basis of said Tamleek Nama. He further averred in his plaint that the Dower Mutation No. 103 allegedly executed by Fazl-ur-Rehman (grandfather of the Respondent No. 1/plaintift) in favour of Defendant No. 1 Mst. Khaista Bibi, being fake, fictitious and illegal, is ineffective upon his rights. His further stance in the plaint was that the Defendant No. 1, Mst. Khaista Bibi, illegally claimed the suit land as her ownership and was…

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