Law: Punjab Tenancy Act, (XVI of 1887)

Section: 38, 114

Law: Civil Procedure Code (V of 1908)

Section: 100

  (a) Punjab Tenancy Act (XVI of 1887) Ss. 38 & 114-Occupancy tenancy-Abandonment-Evidence on record regarding abandonment not sufficient to rebut presumption of truth attached to evacuee record--Continuous entries of occupancy tenancy in favour of tenant-No entry of extinction ever got recorded in revenue record-Such occupancy tenant, held, entitled to benefit of S. 114. Sher Ali Khan v. Nawab and others P L D 1962 Pesh. 110 ; Umar Said and others v. Fai: Muhammad and others P L D 1961 Pesh. 110 ; Ameer Bakhsh and others v. Khuda Yar P L D 1960 Lah. 256 ; Allah Ditta v. Bagh Ali and others P L D 1975 Lah. 49 ; Hayat Khan v. Jahandad and others P L D 1971 S C 330 ; Mirza and others v. Raja Muhammad Zarnan Khun and others P L D 1957 Lah. 242 and Allah Ditta etc. v. Afuhammad Jiwan,, etc. R. S. A. No. 190 of 1958 ref. (b) Civil Procedure Code (V of 1908) S. 100-Second appeal-Findings of fact-Lower appellate Court found to have dealt with evidence strictly in conformity with law and no infirmity pointed out in appreciation of evidence nor any misreading of evidence pointed out-Findings of fact-Held, unexceptionable, in circumstances of case.-[Findings of fact]. Dates of hearing : 30th October; 4th, 6th and 13th November 1979.                                                                                                                           JUDGMENT This judgment will dispose of 9 appeals being R. S. A. Nos. 554 to 562 of 1978. The questions of law are common in all the appeals and the parties have also produced evidence in each case which is also identical only the number of P. Ws. and the documents vary. 2. Earlier R. S. A. Nos. 392-of 1965 and ten other connected Appeals Nos. 387 of 1975 to 391 of 1976 and 393 of 1965 to 397 of 1965 were filed in this Court which were accepted and the cases were remanded for writing judgments in each appeal…