Law: Transfer of Property Act, 1882

Section: 53-A

Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)

Section: 52

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

Transfer of Property Act (IV of 1882)--- ----S. 53-A---Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), S.52---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Suit for declaration---Entries of revenue record---Presumption of truth---Contention of plaintiff was that he was owner in possession of suit property and impugned mutations in favour of defendants were result of fraud---Suit was dismissed concurrently---Validity---Alleged sale deed in favour of plaintiff did not contain specification and description of suit land---Seller of suit property was not owner of the same prior to mutation of inheritance in his favour---Presumption of truth was attached to the entries of revenue papers---Stamp vendor had neither produced his Register nor copy of its page relevant before the Trial Court had withheld best evidence and adverse inference would be drawn against him---Possession of the property was sine qua non for a suit under S.53-A of Transfer of Property Act, 1882 had failed to substantiate his contention by producing cogent and reliable evidence was not in possession of suit property and impugned mutations in favour of defendants were correct and legal had failed to point out any mis-reading or non-reading of evidence or illegality or any infirmity in the concurrent findings recorded by the Courts below---Revision was dismissed, in circumstances. 2017 SCMR 608; 2017 SCMR 316 and 2008 CLC 283 distinguished. 2000 SCMR 204; Muhammad Saddique v. Raj Begum and 39 others 2008 CLC 61; Muhammad Amin and others v. Ms. Beevi and others 2007 SCMR 614; Fazla v. Mehr Din and 2 others 1997 SCMR 837; 2003 SCMR 1114 and 2007 SCMR 368 rel. JUDGMENT MUHAMMAD NAEEM ANWAR, JUSTICE:---.--- This revision petition under section 115 of the Code of Civil Procedure, 1908, (C.P.C) has been preferred against the judgment and decree of learned Additional District Judge-I, Mardan, dated 17.02.2017, whereby appeal filed by the petitioner against the judgment and decree of learned Senior Civil Judge, Mardan, dated 20.10.2015, was dismissed. 2. FACTS. A suit for declaration was filed by the petitioner-plaintiff to the effect that he is owner in possession of property measuring one kanal…

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