Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Constitution of Pakistan (1973), Art.185(3)---Plaintiff's suit for declaration and permanent injunction, claiming ownership of land in question was Court---Courts below having considered merits of case, came to conclusion that plaintiffs were tenants---Evidence on record established that plaintiffs were tenants-at-will---Entries in Revenue Record were proper and plaintiff had failed to prove their title---Plaintiffs have not been able to show that findings of Courts below were against the record---Leave to appeal refused in circumstances. (b) Adverse possession--­ ----Constitution of Pakistan (1973), Art.185(3)---Column in Revenue Record regarding status must prevail over any other entry---No evidence on record to substantiate plaintiffs' plea of adverse possession---Plaintiffs were recorded as tenant-at-will, in revenue record prepared in 1947-48---Column in Revenue Record regarding status of plaintiffs was quite clear wherein they were recorded as tenants-at-will---Entry in column of rent specified that plaintiffs were not paying rent---All the Courts below had considered that entry regarding status of a person must prevail over any other entry---Plaintiffs had not led any evidence to displace finding of fact recorded by Courts of competent jurisdiction---Leave to appeal was refused. ORDER ABDUL OADEER CHAUDHRY, J.---Leave to appeal has been sought against the judgment of the High Court dated 11-5-1988. 2. The facts, in brief, are that the petitioners brought a suit for declaration and permanent injunction regarding disputed property in the Court of Civil Judge, Nowshera. The suit was contested by the respondent. Various issues were framed. The suit was dismissed by the trial Court. On appeal, the case was remanded for framing of proper issues. The trial Court again dismissed the suit. The appeal of the petitioners was also dismissed. The civil revision filed in the High Court was also dismissed. 3. Learned counsel for the petitioners submitted that there is sufficient evidence on record to establish that the petitioners were the owner of the disputed property. The entries in the Revenue Record as Ghair…

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