Law: Specific Relief Act, 1877

Section: 9

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

Section: 117,118

Law: Punjab Land Revenue Act, 1967

Section: 52

(a) Specific Relief Act (I of 1877)--- ----S. 9--- Qanun-e-Shahadat (10 of 1984), Arts. 117 118---Punjab Land Revenue Act (XVII of 1967), S. 52---Suit for possession was filed by respondents claiming that they had possession of suit land since long; that their names were mentioned in revenue record; that prior suit of respondents for permanent injunction was disposed of on the statement of counsel for one of the petitioners that petitioners and others armed with weapons illegally/ forcibly occupied the suit land; that FIR was lodged against them---Suit was dismissed by Trial Court’ appeal was allowed by District Courts contended that name of respondent was mistakenly mentioned in some previous revenue record; that entries of said record were corrected on application of petitioners; that petitioners were in possession of the suit land form the very beginning and the land under the possession of respondents was some other portion adjacent to suit land---Validity---Possession of respondents was clear from admission of one of the petitioners and his counsel in prior suit filed by the respondents that they would not dispossess the respondents without due course of law---Court document had authenticity in the eye of law---Name of respondents were appearing in the column of possession in last jamabandi---Procedure was not adopted while making entries in revenue record of rights---Revenue Officer was not produced as witness---Court could presume about the regularity of the official acts performed by the Revenue Officer and not that the same were performed correctly as well had proved that they were dispossessed from the land without their consent---First Information Report was a vital document to prove the said claim---Constitutional petition was dismissed accordingly. (b) Specific Relief Act (I of 1877)--- ----S. 9---Suit for possession---Proof---Essentials---Claimant had to prove its possession; such possession must have been dispossessed; such dispossession must be from immoveable property without consent of person in possession, without due course of law; and suit was to be filed within six months of such dispossession. (c) Punjab Land Revenue Act (XVII of 1967)---…

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