| Citation(s) |
|---|
| 1989 SLG 1774 1989 SLD 1774 1989 SCMR 1563 |
Supreme Court of Pakistan
Civil Petition No.70 of 1983, decision dated: 27-08-1988.(From the order, dated 8-12-82 of the Lahore High Court, Lahore, in R.S.A. 382/79)
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
Sher Zaman Khan, Advocate Supreme Court and Mahmood A.Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondent.
Civil Petition No.70 of 1983, decision dated: 27-08-1988.(From the order, dated 8-12-82 of the Lahore High Court, Lahore, in R.S.A. 382/79)
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
Sher Zaman Khan, Advocate Supreme Court and Mahmood A.Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondent.
MUHAMMAD HUSSAIN and others
VS
KHUDA BAKHSH
Law:
Section:
West Pakistan Land Revenue Act (XVII of 1967)----S.52--Revenue record--Presumption of truth--Contention of petitioners that alterations in the revenue record were based on fraud and misrepresentation and as such they were not bound by them--Original record had since been destroyed and it could not be said why the entries in the Revenue record were altered-Respondent, or his predecessor-in-interest since 1907 had been consistently shown as the owners of the land in dispute and no evidence was available to show that in the intervening period they had paid any Batai to the petitioners--Held, presumption of truth was attached to the Revenue record which further got strengthened when the entries therein remained unchallenged for more than half a century and it was for the petitioners who took the plea of fraud and misrepresentation to rebut the said presumption. ORDER SHAD SAOOD JAN, J.--This petition for special leave to appeal arises out of a civil suit brought by the petitioners which was dismissed by the trial Court. The decree of the trial Court was maintained by the Additional District Judge in first appeal and by the High Court in the second appeal. 2. The dispute between the parties relates to agricultural land. In the revenue record, till 1907, the predecessors-in-interest of the petitioners were shown to be the owners of the land in dispute. However in that year the…
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