Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration, permanent injunction and recovery of Haq Maalkaana---Plaintiffs claimed ownership of suit property under cultivation of defendants as Mouroosi Buzgars---Defendants denied entries in revenue record showing them as Mouroosi Buzgars--- Effect--- Entries in revenue record--- Scope---Petitioners/defendants denied that they were Mouroosi Buzgars and contended that they were not liable to pay 1/4th share to the plaintiffs of the income of crops---Respondents/plaintiffs contended that their predecessors being Nawab was owner of suit property which subsequently devolved upon them through inheritance and partition; therefore they were entitled to get 1/4th income of crops---Validity---Record showed that respondents/plaintiffs produced three witnesses in support of their contention as well as recorded statements of their attorneys, who in support of claim of respondents/plaintiffs produced and exhibited documents with regard to the ownership of the property belonging to former Nawab which remained in the custody/possession of Court of Ward for an indefinite period and during the course of that period the predecessor of petitioners along with other Mouroosi Buzgars had paid Haq Maalkaana to the Court of Ward i.e. Deputy Commissioner as per exhibited document---Disputed property was in the name of Deputy Commissioner being custodian of the property of Nawab, which later on devolved and transferred in the revenue record in the name of respondents/plaintiffs, bearing certain Khata numbers and names of the petitioners were entered as Mouroosi Buzgars---Property in question was distributed amongst the legal heirs of Nawab i.e. respondents/plaintiffs in the year 2000, copy whereof was annexed with the suit---Petitioners/defendants produced only four witnesses and got recorded the statements of attorneys, wherein most of the witnesses had shown their ignorance and knowledge regarding the ownership of the property in dispute---Respondents/plaintiffs, therefore, had succeeded to prove their case of ownership, as such, Trial Court as well as the appellate court had rightly decided both the issues of…

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