Law: Specific Relief (Amendment) Bill, 2021

Section: 42

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

Section: 117

Specific Relief Act (I of 1877)--- ----S.42---Qanun-e-Shahadat (10 of 1984), Art.117---Suit for declaration---Inheritance---Burden of proof---Mutation---Scope---Contention of plaintiffs was that they were owners of suit property left by their mother and inheritance mutation in favour of defendants was based on fraud---Suit was dismissed concurrently---Validity---Plaintiffs were bound to prove that their mother was alive at the time of death of her predecessor-in-interest---Death Register was not in proper order and there were blank papers which could be filled in as per desire and need of any person at any time---Plaintiffs should have produced concrete, direct and cogent evidence to brush aside longstanding entries in the revenue record---Plaintiffs were required to prove that inheritance mutation was wrong and against fact---Simple narration alleging mutation of inheritance against fact was not sufficient enough to consider it otherwise---Attestation of mutation was meant for fiscal purpose and to keep the record uptodate---Plaintiffs had failed to substantiate their version with regard to specific date of death of their mother---Plaintiffs had been non-suited for insufficient evidence---No illegality, irregularity or jurisdictional defect had been pointed out in the impugned s and decrees passed by the Courts below---Revision was dismissed, in circumstances. Mian Muhammad Amin and others v. Mst. Khursheed Begum alias Naseem Begum through LRS PLD 2006 Lah. 371; Muhammad Quraish Khan and others v. Roohul Amin 1996 MLD 1156; Muhammad Yaqoob and others v. Muhammad Ibrahim and others 2002 CLC 819 and Abdul Mateen v. Mst. Mustakhia 2006 SCMR 50 rel. JUDGMENT MUHAMMAD NAEEM ANWAR, JUSTICE:---.--- By this revision petition under section 115 of the Code of Civil Procedure, 1908, the petitioners have questioned the judgment and decree of the learned Additional District Judge, Swabi, dated 17.01.2012 whereby the appeal filed by the petitioners was dismissed, resultantly, the judgment and decree of the learned trial court / Civil Judge, Swabi, dated 31.05.2010 was confirmed. 2. Significant facts of the case are that plaintiffs-petitioners filed a suit for declaration to…

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