Law:

Section:

(a) Constitution of Pakistan (1973)---Art.185(3)--Adverse possession--Leave to appeal granted on ground inter alia that Courts below had ignored Jamabandis which had been exhibited in case. (b) Adverse possession-- --- Claim of adverse possession supported by entries in column of Lagan in revenue records--Entries in column of cultivation. held, take precedence over entries in column of Lagan--Burden to produce evidence to support his defence, therefore, was on person claiming adverse possession based on entries in column of Lagan--West Pakistan Land .Revenue Act (XVII of 1967), S.39--Limitation Act (IX of 1908), Art. 144. (c) Civil Procedure Code (V of 1908)---S.9--Suit for land--Defendant taking plea that he had inherited suit land from his father and claimed to have effected mutation of inheritance ---Defendant failing to produce in Court copy of said mutation Trial Court, held, rightly decreed suit of plaintiff in circumstances. JUDGMENT DORAB PATEL, J.-- The appellants are the legal heirs of one Mehrab Shah. In the events that happened, the plaintiffs-respondents had filed a suit in the Court of the Civil Judge Nowshera against Mehrab Shah on the ground that he had, in collusion with the Revenue staff, fraudulently got his name inserted in the Revenue records as being in possession of the land in dispute in the suit without payment of Lagan. It was also alleged in this plaint that Mehrab Shah was a 'tenant of the plaintiffs-respondents and had falsely started denying their title. Mehrab Shah contested the suit, but it is relevant to point out that the only plea taken by him in his written statement was that he had acquired title to the land in dispute by adverse possession. One of the plaintiffs, Sharbat Khan, examined himself in support of the claim in the suit and produced the Revenue records to show that the land in dispute had belonged to the plaintiffs and Sharbat Khan further stated in his evidence "the entries in the Revenue records as Bela Lagan have been made by the Patwari with the collusion of the defendant". Mehrab Shah in his evidence totally abandoned the plea of adverse possession, which was the only plea taken by him in his written…

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