Law: Civil Procedure Code (V of 1908)

Section: 35A

Law: Civil Procedure Code (V of 1908)

Section: 35A

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration-Plaintiff brought a suit for declaration to the effect that he and defendants were the owners in possession of land and that the entries in the name of deceased predecessor of defendants, were wrong, illegal and ineffective on the right of the plaintiff and pro forma defendants---Trial Court considering the data available on record decreed the suit of the plaintiff, but Appellate Court dismissed the suit of plaintiff---Validity---Share of the plaintiff, whose share was intact, challenged a mutation which had been entered and attested on behalf of predecessor of defendants-One of the defendants who was co-sharer had never brought any suit on the basis of impugned mutation nor he had appeared before the court to record his statement to own the said mutation---Said defendant had never opted to be transposed to the panel of the plaintiffs in order to base his claim on the said mutation---Share of plaintiff was intact and aggrieved person, said defendant was required to have come forward and base his claim on the mutation and seek declaration of his title---Appellate Court had rightly scanned the evidence on record and no misreading or non-reading of evidence had been pointed out on the record of the case---Said defendant, if was aggrieved from any wrong entry in the revenue record pursuant to the impugned mutation adversely 'affecting his rights, he would be at liberty to challenge the same. Akbar Nawaz Shah petitioner in person. ORDER MUHAMMAD ALAM KHAN, J.--- Akbar Nawaz Shah son of Jahan Shah has filed this revision petition challenging the judgment and decree of the District Judge, Bannu in Civil Appeal No.36 of 2006 decided on 19-3-2007 through which, while accepting the appeal of respondents Nos. 1 and 2 set aside the judgment and decree of Nisar Muhammad Khan, Civil Judge No.IV, Bannu in Civil Suit No.10/1 decided on 12-6-2006 and dismissed the suit filed by the plaintiff/petitioner. 2. Briefly narrated the facts of the case are that petitioner Akbar Nawaz Shah brought a suit for declaration to the effect that he and defendants/respondents Nos.5 and 6 are the owners in possession of land…

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