Law: Specific Relief Act, 1877

Section: 42,54,6

Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)

Section: 52

Specific Relief Act (I of 1877)--- ----Ss. 42, 54 9---Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), S.52---Suit for declaration, permanent injunction and possession---Presumption in favour of entries in records of rights and periodical records---Scope---Plaintiffs filed a suit for declaration, permanent injunction and possession to the effect that they were owners in possession of 3/4th share in the suit property whereas the defendants were owners of 4th share and therefore, entries of 2/4th share in favour of defendants were wrong, illegal and were a result of fraud---Trial Court and Appellate Court decreed the suit---Validity---Revenue record revealed variation in the share of plaintiffs from 3/4th to 4th in spite of the fact that there was neither any transaction or alienation from them, nor said variations were made through Court decree---Plaintiffs had convincingly discharged the onus of proving wrong entries in the revenue record---Presumption of correctness was attached to the very first entry in revenue record incorporated through settlement---Defendants in their written statement had not specially taken any plea, however, they had contended that suit was filed to counter partition petition filed by them, however, during their evidence they took the ground of a Sharai Jirga---Defendants gave up earlier stance and contended to have purchased the land---Since the defendants through their evidence had pleaded entirely different case, hence, the evidence beyond pleadings could not be entertained---Courts below had rightly declared the plaintiffs to be entitled to their share originally recorded in the Misl-e-Haqiat---Revision petition was dismissed. Mst. Murad Begum and others v. Muhammad Rafiq and others PLD 1974 SC 322 and Rehmatullah and others v. Saleh Khan and others 2007 SCMR 729 rel. JUDGMENT FAZAL SUBHAN, J.---This civil revision petition filed under section 115 of Civil Procedure Code, 1908 is directed against judgment and decree passed by learned Civil Judge-I, Battagram dated: 13.05.2019, whereby suit of plaintiffs/respondent was decreed and that of learned District Judge, Battagram dated: 22.10.2010 vide which, Appeal No. 23/13 of 2009…

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