Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)---S. 42---Suit for declaration---Dispute over ownership of land---Mutation for sale of land entered into Record of rights but subsequently cancelled---Cause of action for filing the suit was that mutation for sale of the suit land in favour of, predecessor of respondents, by predecessor of the appellants, was entered on 3-6-1969 and subsequently as per endorsement in the said mutation, the mutation was cancelled on the basis that the event of transaction of sale had been cancelled---Plaintiffs-respondents produced 08 witnesses including the plaintiff---Original plaintiff appeared as a witness and produced the documentary evidence to prove the transaction of sale and entrance of mutation by Patwari as well as subsequent proceedings conducted by the revenue officials whereby it was endorsed that bund sawal in accordance with the procedure for 6th June 1969 had been issued in the name of the seller---Further there was an endorsement that on the request of, Member Union Council, the bund sawal was ordered to be issued by the Naib Tehsildar---Member Union Council appeared as a witness and stated his version, which confirmed the endorsement and proceedings of the said mutation---In copy of Register Haqdaran Zameen for the year 1967-1968 predecessor of respondents was not recorded as tenant or in possession over the suit land---In one khasra number, predecessor of the appellants, was recorded in possession whereas upon all the other khasra numbers other persons were recorded as cultivators (tenants) and in Column No. 12 which was Khana Kaifiyat it contained the endorsement that mutation was entered on 3-6-1969 whereas it was cancelled on 29-12-1971---Register Haqdaran Zameen produced for the year 1983-1984 contained the entry of ownership of predecessor of the appellants whereas predecessor of the respondents had been mentioned in possession as cultivator as Ghair Dakheel Kaar---If the case of the appellants was admitted that predecessor of respondents was cultivator as tenant at the time of alleged entrance of mutation that fact was not confirmed by the documentary evidence, whereas after the entrance of mutation the entry of…

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