Law: Specific Relief Act (I of 1877)

Section: 42

Law: West Pakistan Land Revenue Act, 1967

Section:

Specific Relief Act (I of 1877) ---S.42--Qanun-e-Shahadat (10 o1984), Art.118--Plaintiffs' suit for declaration 1984), Art.118--Plaintiffs' suit for declaration claiming 2/3 share in the land in question--Defendants in their written statement resisted the plaintiffs' claim but did not state therein that subsequent to acquisition of 1/3 share of such property they had acquired some more land in the same Khata either through purchase or a Court decree, but proved the same through evidence--Effect--Defendants having acquired some more land in the joint Khata, non-mentioning of such fact in written statement by itself did not entitle plaintiffs to the decree prayed for in suit--Plaintiffs' case was that they were owners in possession of 2/3 share in the suit land and they had to prove that fact through cogent evidence--Plaintiffs were to succeed on the strength of their own case and not on the weakness in the case of defendant--Presumption of correctness being attached to the entries in the revenue record, any change brought about in the subsequent revenue record to the detriment of plaintiffs' share had to be proved by them--Plaintiffs had failed to prove by evidence their entitlement to 2/3 share in the joint Khata while defendants had proved improvement of their entitlement in said Khata through documentary evidence- Plaintiffs were thus not entitled to the decree of 2/3 share in the land in question. Suit-- --- Plaintiff has to succeed on the strength of his own case and not on the weakness in the case of defendant. West Pakistan Land Revenue Act (XVII of 1967)-- ---S.52--Presumption of correctness is attached to the entries in the revenue record---Any change brought about subsequently in the revenue record, would be deemed to have been brought about in accordance with law and procedure laid down therein. Specific Relief Act (I of 18771-- ---S.42--Civil Procedure Code (V of 19(18), S.115--Entitlement to spec share in joint Khata--Courts below while decreeing plaintiffs suit did not take into consideration the fact that plaintiffs had sold some of their inherited land which had been pre-empted by one of the defendants and that defendants had…