Case Details

Citation(s)
2016 SLG 3701 2016 SLD 3701 2016 MLD 1858
Peshawar High Court

IKRAMULLAH KHAN, JUSTICE
M. Fayaz and M. Ayub Khan for Petitioners. Faridullah Shah Wazir for
Respondents.

Haji Malik ZAKIM KHAN

VS

. MERA BAND KHAN (deceased) through Legal Heirs and others

Law:

Section:

(a) Specific Relief Act (I of 1877)--------- ----------S. 42---------Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), S. 52---------Limitation Act (IX of 1908), Art. 120---------Suit for declaration---------Revenue record---------Evidentiary value---------Limitation---------Defendants were in continuous possession of suit property and no one had challenged such long standing entries effected in the record of rights---------Presumption of truth was attached to the revenue record prepared in accordance with law which could not be discarded unless proved otherwise by convincing and cogent evidence---------If a person was enjoying possession of land then law of limitation should be given high consideration to discourage frivolous claims brought beyond the stipulated period of time---------Both the courts below had properly appreciated and appraised the facts of the case---------No illegality or irregularity had been pointed out in the impugned s and decrees passed by the courts below---------Frivolous suit had been filed by the plaintiff---------Revision was dismissed with cost throughout in circumstances. Hakim Khan v. Aurangzeb and another 1979 SCMR 625 and Muhammad Mian v. Shamimullah 1995 SCMR 69 rel. (b) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--------- ----------S. 52---------Revenue record---------Presumption of truth---------Scope---------Presumption of truth was attached to the revenue record prepared in accordance with law which could not be discarded, unless proved otherwise by convincing and cogent evidence. (c) Evidence--------- ----------Documentary evidence and oral evidence---------Contradiction between---------Scope---------Documentary evidence could not be rebutted by oral evidence. Evacuee Trust Property Board and others v. Haji Ghulam Rasool Khokhar and others 1990 SCMR 725 rel. THIS JUDGMENT DELIVERED BY: IKRAMULLAH KHAN, JUSTICE:--------- Through the instant revision petition, the petitioner has assailed the judgment and decree dated 11/10/2011, rendered by learned Additional District Judge-II, Bannu, whereby the appeal filed by respondent-plaintiff against the judgment and decree dated 23-12-2010 of the learned Civil Judge-IX,…
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