Law: Specific Relief Act (I of 1877)

Section: 42 , 52

Specific Relief Act (I of 1877)--- ----S. 42---West Pakistan Land Revenue Act (XVII of 1967), S. 52---Limitation Act (IX of 1908), Art. 144---Suit for declaration and possession by plaintiff on the plea that he was son of-deceased landowner and was entitled to inherit land in question left by him--Land in question, had been mutated in , favour of defendants who were brothers of deceased on the assumption that he had died issueless and that his wife was already dead---Trial Court dismissed plaintiffs suit while Appellate Court decreed the suit---Validity---Appellate Court ignored the principle that cumulative effect of evidence was to be weighed---Basic factor which was completely ignored by Appellate Court was the lapse of more than forty years between the death of deceased and the filing of suit by plaintiff---No evidence was produced by plaintiff to prove his .version that he had been receiving rent/produce from defendants---Plaintiff in his cross-examination had stated that he had been in possession of land ~ in question and had been, self -cultivating---Such plea was neither taken in plaint nor was such version supported by witnesses produced by plaintiff---Plaintiff; however, had admitt6d that defendants were in cultivating possession of land in question, right from the time of death of deceased---Neither any lease agreement was produced nor entries of Khasra Girdawari were produced to suggest that such land was either leased out to defendants or that they were cultivating the same as tenants -Entries of record of rights produced by plaintiff. himself showed defendants as owners in cultivating possession of land in question---Presumption attached to entries of record of right was thus, in favour of defendants and such presumption remained un-rebutted---Plaintiff's suit was patently barred by limitation-- Plaintiff could have filed suit within maximum period of 12 years in terms of Art. 144, Limitation Act, 1908---Finding of Appellate Court was thus, based on misreading and non-reading of evidence and disregard of mandatory legal provision---Finding of Appellate Court in decreeing plaintiff's suit was reversed while that . of Trial Court dismissing…