Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: West Pakistan Land Revenue Act, 1967

Section: 52,53

Law: Code Of Civil Procedure, 1908.

Section: 41

Law: Specific Relief Act, 1877

Section: 42

Summary The Supreme Court refused leave to appeal, upholding the concurrent findings of the Trial Court, Appellate Court, and High Court of Balochistan that Abdul Jabbar was the lawful owner and in possession of a 1/16 share of the disputed land under Mutation No. 448. The petitioners failed to rebut the presumption of truth attached to the revenue record or establish fraud/forgery in the gift (hiba). Core points Abdul Jabbar filed a suit for declaration and permanent injunction, claiming ownership and peaceful possession of a 1/16 share (2 rode, 9 pole) under Mutation No. 448, based on a gift from his father-in-law, Akhtar Muhammad. The Trial Court decreed the suit on 29.09.2020; the Appellate Court dismissed the petitioners’ appeal on 27.05.2021; and the High Court dismissed their revision on 21.09.2022. The petitioners alleged that Mutation No. 448 was fake, that no valid hiba occurred, and that they had long-standing possession through their forefather. The Supreme Court found that neither the petitioners nor Akhtar Muhammad’s legal heirs ever challenged the gift or Mutation No. 448 before revenue authorities or a competent court. The Court held that official revenue entries in records-of-rights and periodical records carry a statutory presumption of truth until disproved by cogent and convincing evidence. A bare allegation that a mutation or gift is false is insufficient; the challenger must specifically plead fraud/forgery and produce evidence, or pursue cancellation through the proper forum. The Court also rejected the argument that the appellate and revisional judgments were non-speaking, finding no legal infirmity warranting interference with concurrent factual findings. The petition under Article 185(3) was dismissed and leave was refused. Law and sections Law / provision Subject Application in judgment Article 185(3), Constitution of Pakistan, 1973 Petition for leave to appeal to the Supreme Court Basis of the petition; leave was refused because no factual or legal error was found. Section 42, Specific Relief Act, 1877 Declaration of legal character or right The respondent sought a declaration of ownership and possession; the suit was…