Law:

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Art. 126---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Ownership, proof of---"Preponderance of evidence"---Scope---Person, who had claimed a fact, had to prove the same himself by producing cogent and reliable evidence and he could not seek refuge behind the weaknesses of the other side, however court had to weigh the evidence produced by the rival parties when there were contesting claims backed by supporting evidence and to see on whose side the "preponderance of evidence" would rest---Issue of "preponderance of evidence" would come into play when evidence produced by the parties were evenly balanced and court was unable to decide the matter on available evidence---"Preponderance of evidence" was in favour of defendants and against the plaintiffs in the present case---Legacy would open on the death of a person and share of each legal heir was to devolve in accordance with shariah---Non-recording of said transfer in the revenue record would not defeat the said rights---Long standing entries in the revenue record were in favour of defendants---Plaintiffs were bound to prove their own claim through cogent and reliable evidence---Brother of propositus of defendants died issueless having no sharer while plaintiffs were his residuary being male descendant of his Remote Grand Father---Defendants were distant kindred of brother of their propositus being female descendant of Remote Grand Father---Legacy of brother of propositus of defendants would devolve upon the residuary as there was no sharer---Particulars of actual due share of brother of propositus of defendants had not been proved and disputed mutation had not been produced in evidence---Vague pleadings coupled with no supporting documentary was fatal to the claim of plaintiffs---Plaintiffs had no locus standi to seek the legacy of propositus of defendants as they claimed the same through brother of their propositus who during his life time never agitated the said claim---Both the courts below had correctly applied and interpreted the applicable law according to facts of the case---Findings recorded by the courts below were neither arbitrary nor…

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