Law: Specific Relief Act, 1877

Section: 42

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

Section: 129

Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Art. 129, illustration (e)--- Suit for declaration---Revenue record---Presumption---Concurrent findings of facts by two Courts below---Petitioners/ plaintiffs claimed to be co-owners in suit land---Trial Court and Lower Appellate Court dismissed suit and appeal filed by petitioners / plaintiffs--- Validity---Presumption of correctness was attached to entries in revenue record but strong presumption of correctness was attached to entries made in the course of first settlement---Petitioners/plaintiffs of suit were to stand on their own legs and their case could not succeed merely by exploiting weaknesses of opposite party i.e. respondents / defendants--- When petitioners/plaintiffs could not prove that property in dispute had been part of property assigned to their village nor they had ever remained in possession of specific part of property in dispute, then weaknesses in plea of respondents/ defendants was not sufficient to give a decree to petitioners/plaintiffs for setting aside entries made in revenue record in the course of first settlement---High Court declined to interfere in concurrent findings of facts by two Courts below who dismissed suit of petitioners/ plaintiffs and such findings were not result of misreading and non-reading of evidence nor had caused miscarriage of justice---Revision was dismissed, in circumstances. Ali Ahmad and another v. Muhammad Fazal and another 1972 SCMR 322; Ghulam Farid and another v. Sher Rehman through legal heirs 2016 SCMR 862; Mst. Brikhna v. Faiz Ullah Khan and others 2020 SCMR 1618; Shafqat Ali Shah v. Nasreen Akhtar and 3 others PLD 2020 SC 148; Mst. Ghulam Sughran and others v. Sahibzada Ijaz Hussain and others PLD 1986 Lah. 194; Messrs Kuwait National Real Estate Company (Pvt.) Ltd. and others v. Messrs Educational Excellence Ltd. and another 2020 SCMR 171; Nawab Khan and others v. Said Karim Khan and others 1997 SCMR 1840; Haji Allah Bakhsh v. Abdullah Khan and 4 others 2001 SCMR 363; Mazloom Hussain v. Abid Hussain and 4 others PLD 2008 SC 571 and Sultan Muhammad and another v. Muhammad Qasim and others 2010 SCMR 1630 ref. JUDGMENT…

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