Law:

Section:

(a) Crown Grants Act (XV of 1895): S. 3-Grant without limit of time or reservation of rent etc.-Burden on Government to Prove subsequent reversal if any--In absence of proof grant to take effect according to tenor-Evidence Act (1 of 1872), Ss. 103; 106. The Sanad Sultani on which the Province relied, and which is applicable to both cases, constitutes a grant without limit of time, and without reservation of rent or other conditions, and if it was reversed at any time, the burden was certainly upon the province to establish why and in what form this was done. In the absence of such proof, the grant would take effect according to its tenor vide the Crown Grants Act, 1895. (b) Punjab Land Revenue Act (XVII of 1887), S. 44­--Presumption of accuracy-To be raised only if entries made under proper authority. Entries must be made under proper authority, as is required by the Punjab Land Revenue Act for the purpose of founding the presumption of accuracy. (c) Limitation Act (IX of 1908), Sch. I, Arts. 142, 149­Defendant's possession under a claim of title-Plaintiff "Pro­vince" must prove title as sell as Possession within 60 years. On the revenue records the possession of the defendants has lasted for at least ten years before the suit, and it has been possession under claim of title. Not only is it necessary for the plaintiff Province to establish its title, but also it is necessary for the success of the suits that it should be proved that the plaintiff Province was in possession at some time within sixty years -prior to the institution of the suit. I. L. R. .16 Cal. 473 (P. C.) ref. A. I. R. 1934 All. 993 F. B. ; A. I. Rr 1935 Lah. 475 F. B. AA. R. 1940 Mad. 798 F. B. ref. A. I. R. 1941. Lab. 241 distinguished. . JUDGMENT CORNELIUS, A. C. J.---This judgment will dispose of two civil appeals, namely, Regular First Appeals 68 and 69'of 1949, each of which is brought by the Provincial Government of the Punjab, which was the plaintiff in the Court of first instance, against the respondent Siraj Din in one case and respondents Rahim Bakhsh and others in the second case. The suits were brought for recovery of possession of land alleged to form part of the Old Fruit Market…

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