Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration of title---Revenue record---Longstanding entries---Presumption---Suit for declaration of title was decreed by Trial Court but was dismissed by Appellate Court---Validity---Perusal of record revealed that the plaintiffs had based their claims on oral evidence which was neither convincing nor cogent to substantiate their claim---According to the revenue record, suit land was in name of the defendants right from the first settlement record---Such longstanding entries in the revenue record could not be disturbed since presumption of truth was attached to them---No defect was found in the of Appellate Court---Revision petition was dismissed, in circumstances. Muhammad Hafeez and another v. District Judge, Karachi East and another 2008 SCMR 398; Sampat and another v. Sufaid Khan and others 1999 CLC 422; Nawab Khan and others v. Said Karim Khan and others 1997 SCMR 1840; Haji Allah Bakhsh v. Abdullah Khan and others 2001 SCMR 363; Habibullah Jan and others v.M. Hassan Khan and others 1991 MLD 25; Mian Iqbal Mahmood Banday v. Muhammad Sadiq PLD 1995 SC 351; Rana Shaukat Mahmood and another v. Rana Muhammad Tajammal Hussain and others 2007 CLC 39 and Abdul Manan and another v. Mir Nawaz Khan and 4 others 1989 CLC 227 ref. THIS JUDGMENT DELIVERED BY: SHAH JEHAN KHAN AKHUNDZADA, JUSTICE:---.--- This single judgment shall dispose of two revision petitions bearing C.R. No.785 of 2004, filed by Bahadur Khan and C.R. No.1084 of 2004, preferred by Dr. Usman Ali etc., as both arise from one and the same judgment dated 23-4-2004 passed by Additional District Judge/Izafi Zilla Qazi-IV, District Swat, whereby the appellate Court below while accepting the appeals, set aside the judgment and decree dated 31-1-2003 passed by the learned Civil Judge/Illaqa Qazi-III, District Swat. 2. Brief and essential facts leading to the present controversy are that Usman Ali etc. instituted a suit bearing No.381/1 for declaration to the effect that they are owners "24 Paisa Dautar" land while their uncle Bahadur Khan is the owner to the extent of "36 Paisa Dautar" land, which has been wrongly entered in the name of respondent. The…

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