Law: Specific Relief Act, 1877

Section: 42,54

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and permanent injunction---Settlement Officer passed the order that the suit land be entered in the name of defendants in the column of ownership of Missal-e-Haqiyat---Contention of plaintiffs was that the suit property was reserved for mosque of the village---Suit was decreed concurrently---Validity---Defendants were in permissive possession of suit property in lieu of rendering service of Imamat of the mosque---Defendants had failed to establish that suit land was their ancestral Serai---Revision was dismissed in circumstances. Sajawal Shah and another v. Syed Rahim Shah and others PLD 1995 SC 325 rel. (b) Specific Relief Act (I of 1877)--- ----Ss.42 & 54--- Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), Preamble---Suit for declaration---Question was whether suit property was assigned as Serai---Meaning and import of assignment of land as Serai. The word Serai has neither been defined in the Land Revenue Act, 1967 nor in any other legal instrument. It is used customary in relation to land/property which has been reserved by the village proprietary body from their common property for Imam of a mosque or any other religious purpose or for any other person or class of persons (blacksmith or carpenter etc) in lieu of his/their services to the village proprietary body. Term Serai cannot be given any definite and uniform meaning. The rights and obligations of the person or class of persons in possession of the property as Seraikhor over the property (Serai) shall be determined keeping in view the relevant entries in the revenue record, Wajib-ul-Arz or any other instrument or other evidence establishing the custom relating to the assignment of the Serai/property. It was a custom in the Valley of Swat even before its merger to Islamic Republic of Pakistan that the proprietary body/a clan/tribe would give certain land to the religious family with full title and ownership which was then called Serai of that religious or other families who had either rendered some services to the proprietary body of clan or because of respect which they were enjoying at the relevant time.…

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