Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Specific Relief Act, 1877

Section: 42

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Specific Relief Act, (I of 1877), S. 42--Suit for declaration--Dismissed--Appeal--Partly allowed--Self cultivation--Possessive owners--Unsettled land--Filing of complaint--Dismissed--Completion of mutation process--Failing to prove ownership--Challenge to--Mutation was carried out in presence of petitioners at that time petitioners neither raised any objection nor claimed for unsettled land--It means petitioners accepted mutation without any objection s filed instant suit for declaration, cancellation and correction of mutation after more than 50 years of mutation--Record transpired that petitioners had knowledge of mutation, but did not file any application before revenue forum nor file any suit before competent Court of jurisdiction--Aggrieved party has to pursue his legal remedy with diligent and has to explain delay of each days s failed to produce any cogent oral as well as documentary evidence with regard to such long delay s claimed suit property is still in their possession they are cultivating it--There exists contradicted evidence of petitioners/plaintiffs s failed to prove their ownership of suit land--It is well settled principle of law plaintiffs are bound to prove his case on basis of their own evidence they did not take benefit of short coming of respondents--Evidence of petitioners/plaintiffs is not such standard on reliance can be placed s claimed ownership of unsettled land on basis of possession of heavy burden lies on Petitioners to prove their ownership and to prove strong cogent evidence--Presumption of ownership of forests and wastelands shall be held and to belong to Government--Petition was dismissed.                                                                      [Pp. 66 67] A, C, D F PLD 2016 Bal. 44 ref. Limitation Act, 1908 (IX of 1908)-- ----Art. 120--Limitation for declaratory suit--Article 120 of Limitation Act (IX of 1908) providing of limitation for filing declaratory suit is six years.  …

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