Law: Punjab Land Revenue Act (XVII of 1887)

Section: 44

Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Punjab Land Revenue Act (XVII of 1887)------   -----S. 44-Co -owner getting names of other co-owners removed from Record-of Rights and later executing agreement admitting them as c6-owners entitled to share produce of land-No presumption of correctness attaches to such entries in Record-of-Rights in face of agree ment-All co-owners deemed to be in joint possession of land.   Fateh Ali, Shah v. Muhammad Bux A I R 1928 Lah. 516 ref.   (b) Civil Procedure Code (V of 1908)------   -----S. 100-Finding of fact-Approach of lower appellate Court in arriving at finding proved to be clearly wrong-Such finding held, vitiated and liable to be set aside in second appeal. Date of hearing: 28th February 1966.    JUDGMENT   This is a second appeal by the plaintiffs against the judgment and decree dated 12-6-56 of the Additional District Judge, Jhang in Civil Appeal No. 83 of 1955 whereby he reversed the judgment of the Senior Civil Judge, Jhang in Suit No. 382/54, whereby the learned Judge had decreed the plaintiffs' suit.   The plaintiffs had sued for a declaration that they arethe owners of half of the land measuring 511 kanals 11 marlas situated in village Kot Murad at Chah Kotalewala and that the exchange effected by the defendants 1 to 5 with defendant No. 8 in respect of the entire land including the half share of the plaintiffs was of no effect in so far as the rights of the plaintiffs were concerned. Half of the aforesaid land was jointly owned and possessed by the plaintiffs Hidayat 'and Inayat, father of plaintiffs Nos. 2 to 4 on the one hand and Nurang, the predecessor-in-title of the defendants on the other. Nurang thus owned the other half of the land. The case of the plaintiffs is that Nurang with the aid of the Patwari of the village managed to obtain a mutation on 17-4-1902 whereby Hidayat and Inayat's names were removed from the record of rights and they were excluded on the ground of their being out of possession. When this fact was known Inayat and-Hidayat declared that they were going to take proceedings against the said mutation, whereupon there was a Punchayat and Nurang persuaded Hidayat and Inayat…