Law:

Section:

(a) Specific Relief Act (I of 1877)--S.42---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration that plaintiffs were owners of land in question was dismissed by all the Courts below including the High Court---Validity---Leave to appeal was granted to consider plaintiff's contentions that their predecessors-in-interest remained in exclusive and peaceful possession of various parcels of land in their own right as owners of Shamilat Deh without paying anything to any one; whether respondent's functionaries had admitted that specified amount had been paid to village landowners for over a century which was still being paid which was distributed by them among themselves; whether presumption attached to entries in Revenue Record regarding ownership of respondent (Government) was fully rebutted by evidence of witnesses produced by plaintiffs; and whether it was incumbent upon respondent to have produced documentary evidence to show in what circumstances and in what manner entries in its favour were made in Revenue Record. (b) West Pakistan Land Revenue Act (XVH of 1967)--- ---- S.52 --- Entries in Revenue Record --- Evidentiary value of --- Concurrent findings of Courts below --- Effect --- Entries in Revenue Record in general and in specific Jamabandis in particular, showed that land in question, vested in respondent (Government) --- Three Courts below including High Court had rightly non-suited plaintiffs on basis of material/evidence on record --- Plaintiffs were themselves to blame for not producing documentary evidence in support of their claim---Plaintiffs' alternative claim of having acquired title by adverse possession reflected in specific issue also spoke volumes against them --- Plaintiffs ' having failed to prove their ownership of land in question, non-production of evidence to substantiate their claim of adverse possession, had rightly sealed the fate of their case --- Plaintiffs had been non-suited for their failure to prove their case as unfolded by them in their pleadings and choice of evidence before Court --- All the three Courts below, having concurrently found that respondent (Government) was owner of land in question, and such…

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