Law: Specific Relief Act, 1877

Section: 42,8,54

Law: Balochistan Land Revenue Act, 1967

Section: 52

Specific Relief Act (I of 1877)--- ----Ss. 42, 8, 54---Balochistan Land Revenue Act (XVII of 1967), S. 52---Suit for declaration, possession and permanent injunction---Presumption in favour of entries in records-of-rights and periodical records---Scope---Plaintiffs filed a suit for declaration, possession and permanent injunction against the defendants alleging therein that the suit property was ancestral property and that the grandfather of plaintiffs had rented the suit property to the grandfather of defendants which was still continuing---Trial Court and Appellate Court concurrently decreed the suit---Validity---Defendants had merely denied the ownership of plaintiffs but had failed to produce extract from the revenue record in order to prove their ownership---Defendants had claimed ownership on the ground that utility bills were in their names---Defendants were duty bound to produce the revenue record or other document to prove their claim---Plaintiffs had claimed ownership through longstanding entries---Under S. 52 of the Land Revenue Act, 1967 the entries carried presumption of truth---Suit property had already been mutated in the names of the plaintiffs---Plaintiffs had not challenged the mutation entries neither in the revenue hierarchy nor civil court---Mere bald assertion could not rebut the document---Defendants had failed to point out any illegality or irregularity in the impugned s and decrees of the courts below---Revision petition was dismissed. Bakhtiar v. Nasrullah 2015 CLC 385; Abdul Ghani v. Mst. Yasmeen Khan 2011 SCMR 837; Liaquat Alis case 2013 MLD 1818; Muhammad Zaman v. Muhammad Ismail 1992 CLC 873; Muhammad Ismail v. Maqbool Ahmed 2001 CLC 252 and Mst. Safia v. Mst. Bibi 2005 MLD 646 rel. JUDGMENT ABDUL HAMEED BALOCH, J.---The petitioners/defendants challenged judgments and decrees dated 25th February, 2016 and 25th November, 2019 (impugned judgments and decrees) passed by learned Civil Judge-VI, Quetta and learned Additional District Judge-IV/Model Civil Appellate Court, Quetta (trial court and appellate court), whereby the suit filed by the respondents/ plaintiffs was decreed and the appeal filed by the petitioners/ defendants was…

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