Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration---Trial Court dismissed suit, but Appellate Court set aside of the Trial Court and decreed the suit---Validity---Plaintiff, who was owner of 1 /4th share in the suit property, had neither sold nor alienated his said share in relevant Khasra numbers to anybody---Name of plaintiff in entries in Revenue Record, appeared in the Column of ownership of suit property throughout---Fraud had been committed by Revenue officials as title of plaintiff had been negated without any act on behalf of the plaintiff---Any entry in the Revenue Record based on fraud could be challenged any time as no limitation would run against fraud---Right of a person could not be extinguished merely for the reason that property had been further alienated to different owners---Since there was no proof of transfer of rights in the suit property by plaintiff he was entitled to his 1/4th share therein---, Appellate Court below had properly appreciated evidence and appropriately applied the law--Impugned of Appellate Court below not suffering from any defect, revisions against of Appellate Court below being without merits, were dismissed, in circumstances. Khalid Mahmood for Petitioner (in Civil Revision No.45 of 1998). Farid Khan Afridi for Petitioners (in Civil Revision No.48 of 1998). Muhammad Alam Khan for Respondents. Date of hearing: 1st August, 2006. JUDGMENT MUHAMMAD RAZA KHAN, J.--- This revision petition and the connected Revision Petition No.48 of 1998 are directed against a single judgment in appeal whereby the learned Appellate Court accepted the same, set aside the judgment of the learned trial Court and decreed the suit of the plaintiffs Fazal Ahmad etc. Hence through this common judgment both the revision petitions are being decided. 2. This is a typical case of misuse of official authority by the Revenue officials, particularly the Patwari. Certain property was owned in the year 1925-26 by Abdul Mutlib (one half share), Ali Ahmad and Fazal Ahmad one half share, Ali Ahmad had sold his share through a registration deed dated 4-3-1929 and Mutation No.216, dated 20-1-1931 was attested thereupon whereby out of there…

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