Law: Specific Relief Act (I of 1877)

Section: 42

Specific Relief Act (I of 1877) S. 42-Declaratory suit-"Seri" tenure-Defendants not denying plaintiff's specific allegation of land in dispute being owned by plain tiff's grandfather as "Seri" and their continuous possession for 70 years-Plaintiff's mortgaging of land also not denied-Defendants admitting in a previous suit filed against present plaintiff that present plaintiff held land as "Seri" without paying any rent-Revenue record also showing land as "Seri"-History of seri" tenure and old judgment of Judicial Commissioner holding "Seri khors" to be usually carrying rights of malik-e-qabza---Ancient archives record translating "Seri" as grant of land in ownership to religious characters-Plaintiff, held; Seri khors and not liable to be evicted as tenants-at-will. [Words and phrases]. Civil Revision No. 233 of 1917; Hazara Settlement Report of 1868-74, p. 122 and Capt. E. G. Wace on Land Revenue Settlement of the Hazara District, 1868-74, from the Director, Archive N.-W. F. P., Peshawar, para. 70, p. 155 ref. Date of hearing : 23rd December 1975.                                                                                                                                                                        JUDGMENT ABDUL HAKBEM KHAN. J: -Azizur Rahman and Yaqoob Khan sons of Abdul Aziz of Lambi Dhari-cum-Sheikhulbandi brought a suit against Attai Khan and others for a declaration that they are in possession of the land in suit in the area of Sheikhulbandi as owners on account of Seri, and in case they are not found to be owners, they had prescribed title over the land on account of their adverse possession for a period extending over 12 years. 2. The following two…