Law: Specific Relief Act, 1877

Section: 8,42

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

Section: 117,126

Law: Transfer of Property Act, 1882

Section: 54

Specific Relief Act (I of 1877)--- ----Ss. 42 & 8---Transfer of Property Act (IV of 1882), S. 54---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 126---Suit for declaration and possession---Sale mutation---Burden of proof---Official acts---Presumption---Contention of plaintiffs was that they were owners of suit property---Suit was dismissed concurrently---Validity---Burden of proof did lie on the shoulders of the person who desired any Court to give as to any legal right or liability dependent on the existence of fact which he had asserted---Plaintiffs were bound to prove as to how defendants were in peaceful possession on the suit land which they had failed to discharge---Defendants had proved that they were bona fide vendees of suit property---Attestation of mutation in column of tenancy or ownership was official responsibility of revenue officials---If any person had permanently acquired ownership rights in a land then his name was to be entered in column of ownership through attestation of mutation---If a sale was incorporated and sale mutation was attested in column of tenancy then it would not affect the sale or rights of vendee in the said land---Acts performed by public authorities deserved due regard by the Court---Presumption of regularity was attached to the official acts---Sale effected in column of tenancy could not be given any other meaning except a permanent transfer of ownership in immovable property---No illegality or irregularity had been pointed out in the impugned s passed by the Courts below---Revision was dismissed, in circumstances. Syed Tawakal Hussain and others v. Mst. Shamim Fatima Rizvi and others 1999 MLD 1 and Amir Shah v. Ziarat Gul 1998 SCMR 593 rel. THIS JUDGMENT DELIVERED BY: IKRAMULLAH KHAN, J.- Through the instant Civil Revision petition, petitioners have challenged the impugned Judgment dated 31.10.2012, rendered by the learned Additional District Judge-II, Nowshera, whereby, appeal filed by the petitioners against the Judgment/Order dated 25.01.2003 of the learned Trial Court, was dismissed. 2. Brief facts as per petition in hand are that a suit for declaration and possession in respect of Khasra(s) Nos.6967 and 6979,…

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