Law:

Section:

(a) West Pakistan land Revenue Act (XVII of 1967)------S. 52---Presumption of truth in matter of periodical records ---Extent-­Presumption of truth in the matter of periodical records was attached only to the Column of Ownership and possession and not to the Column of Lagan. Gul Muhammad through Legal Heirs v. Allah Yar Khan and 15 others 1993 SCMR 2330 and Said Amir and others v. Ashraf Khan and others PLD 1986 SC 113 ref. (b) Adverse possession-- ---Suit for---Plaintiffs on the one hand had claimed that suit land was purchased by ahem from the ancestors of defendants and on the other hand had taken plea of adverse possession---Entire evidence on record had shown that defendants were owners of suit land both before consolidation proceedings and after consolidation proceedings and that suit land was given in lieu of land owned by their predecessor-in-interest---Person asserting ownership over a certain property by purchase, would not be legally justified at the same time to say that his occupation over the property was hostile or adverse against the real owner thereof---Trial Court, in circumstances, had rightly dismissed the suit and Appellate Court was not justified to set aside and decree passed by Trial Court. Abdul Majeed and 6 others v. Muhammad Subhan and 2 others 1999 SCMR 1245 ref. JUDGMENT In the first instance on 11-4-1974, the respondents filed a suit against the petitioners. In the plaint, it was stated that they had purchased the suit land measuring 36 Kanals from ancestors of the petitioners and have been cultivating the same as owners. There was consolidation in the village and new numbers were allotted to the land as mentioned in para.2 of the plaint. However, the respondents continued in possession. The grievance made out was that in the Revenue Records the petitioners are continuing to be recorded as owners when they are in adverse possession for more than the prescribed period. The suit was resisted by the petitioners who denied the said allegations. It was explained that the land is owned by Khuda Bakhsh, the predecessor-in-interest of the petitioners Nos. 1 to 7 and formed the part of joint Khata of the petitioners. Regarding consolidation…

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