Law: Balochistan Land Revenue Act, 1967

Section: 50

Law: Limitation Act, 1908

Section: 120

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

Section: 117

(a) Balochistan Land Revenue Act (XVII of 1967)--- ----S.50---Qanun-e-Shahadat (10 of 1984), Art. 117---Limitation Act (IX of 1908), Art. 120--Unsettled land---Presumption of ownership---Suit for declaration---Limitation---Contention of plaintiffs was that they were owners in possession of suit property---Suit was dismissed concurrently---Validity---Impugned mutation was carried out in presence of plaintiffs and they at that time neither raised any objection nor claimed for unsettled land---Plaintiffs had accepted the impugned mutation without any objection---Present suit had been filed after more than fifty years of entry of mutation---Limitation for filing declaratory suit was six years---Plaintiffs had acknowledged impugned mutation but did not move any revenue forum---Aggrieved party was supposed to pursue his legal remedy with diligence and had to explain delay of each day---Plaintiffs had failed to produce any cogent as well as documentary evidence with regard to such delay---Plaintiffs had failed to prove their ownership with regard to suit land---Plaintiffs should have proved their case on the basis of their own evidence and they could not take benefit of shortcoming of defendants---Plaintiffs were bound to prove their ownership through cogent evidence---Presumption of ownership of forests and waste lands would be in favour of Government---Revision was dismissed, accordingly. Jamal Ud Din v. Syed Faizullah Shah PLD 2016 Bal. 44; Badar Zaman v. Sultan 1996 CLC 202 and Secretary Board of Revenue v. Qadir Bakhsh 2012 CLC 1165 rel. (b) Specific Relief Act (I of 1877)--- ----S.42---Limitation Act (IX of 1908), Art. 120---Suit for declaration---Limitation---Suit for declaration could be filed within six years. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, J.---- This judgment disposes of instant civil revision petition filed by the petitioner Sabzal Khan son of Sardar Khan and others, under section 115, C.P.C., against the judgment and decree dated 28th December, 2015 (hereinafter referred as, impugned judgment and decree") passed by the learned Majlis-e-Shoora, Mastung (hereinafter referred as, "the appellate Court"), whereby appeal of the petitioners was…

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