Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration with possession--- Mortgagee right--- Old revenue record---Presumption of truth---Scope---Plaintiffs filed suit for declaration to the effect that they were legal heirs of deceased and were entitled to legacy as per sharia law, and inheritance mutation of their predecessor-in-interest had wrongly been attested and same was ineffective upon their rights---Defendants contested the suit on the ground that suit property had been rightly devolved upon defendants---Plaintiffs produced revenue record on the basis of which, they agitated their claim---Suit was decreed but appeal against it was allowed---Validity---Old revenue record produced by plaintiffs did not support their version as the name of their predecessor in interest had not been mentioned as owner---Plaintiffs failed to produce documentary evidence in rebuttal of old entries in revenue record or through any other believable evidence in support of their stance---Plaintiff in fact claimed ownership of their predecessor on the basis of his entry as mortgagee in the revenue record which carried no weight as the mortgagee rights could only be transferred instead of ownership---Presumption of truth was attached to old entries of revenue record---Revision petition was dismissed in circumstances. (b) Khyber Pukhtunkhwa Land Revenue Act (XVII of 1967)--- ----S. 52---Old revenue record---Presumption---Presumption of truth of the highest degree was attached to the entries of the old revenue record---Old revenue record could not be set aside only on an oral assertion after a period of more than one hundred years. Mst. Rooh Afza and others v. Ayub and others 2015 YLR 2199 and Sardar Khan v. Shah Nawaz and others 2009 YLR 1606 rel. (c) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration with possession---Mortgagee rights---Revenue record---Plaintiffs filed suit for declaration to the effect that their predecessor was owner of the property and they were being his legal heirs and were entitled to get his property but in fact the status of their predecessor was only a mortgagee---Any person who had mortgagee rights could only transfer…

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