Law:

Section:

Specific Relief Act (I of 1877) --------- ----------S. 42 --------- Suit for declaration --------- Contention of plaintiffs was that impugned mutation was against law and same was liable to be annulled --------- Suit was decreed concurrently --------- Validity --------- Defendants being beneficiary of document had failed to prove the same through confidence inspiring evidence --------- Vendee could not transfer better title to his purchaser --------- Plaintiffs were in possession of the property --------- Defendants could not rebut the possession over the suit property of plaintiffs nor justified their claim of acquiring the entire property --------- Objection which was not raised at relevant stage could not be raised for the first time before the revisional court --------- Both the courts below had decided the lis with conscious application of independent mind --------- Revision was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ABDUL LATIF KHAN, JUSTICE:---------- Through this single judgment, I intend to dispose of instant revision petition as well as connected CR No. 1321/2011 titled "Dr.Shahabud Din etc. v. Phulail Khan etc." as in both the petitions common question of fact and law are involved and has been preferred against the judgment/decree dated 20.06.2011, passed by learned Additional District Judge, Nowshera whereby appeal filed by petitioners against judgment and decree dated 22.05.2010 passed by learned trial Court was dismissed. Arguments heard record perused. 2. A perusal of record reveals that respondents filed a suit claiming their entitlement in the suit property being legal heirs of Mir Baz son of Kata Baz and declaration was sought that mutation No. 236 attested on 31.1.1943 Ex.PW.1/18 was with regard to only a portion of the property to the extent of 4 Kanals whereas the entire land has been shown in the name of Isa Khan which is illegal and ineffective upon their rights and subsequent mutations in this regard affecting the rights of plaintiffs are also liable to be annulled. 3. The petitioner also filed a suit regarding suit property along with others claiming that Mir Baz son of Kata Baz predecessor of the plaintiff has rightly…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492