Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Parentage---Proof---Scope---Plaintiffs filed suit in the year 1985 to the effect that their predecessor-in-interest had died on 22-2-1984 leaving behind the plaintiffs, his only legal and Shariah heirs who were owners in possession of his land and that the defendant was son of and was Rajput by caste while the plaintiff were Bhatti by caste and that the defendant had no concern with the disputed land---Trial Court decreed the suit of the plaintiffs---Defendant filed appeal which was dismissed by Appellate Court---Defendant asserted that both courts below had dealt with the issue of legal heir only and had not considered the documentary evidence produced by the defendant in its true perspective and had wrongly relied upon the oral evidence ignoring the documentary evidence---Birth entry, school record regarding admission, school leaving certificate and Register Dakhal and Kharij bore the parentage of defendant as rather than 'W.M.'--Plaintiffs produced uterine brother of the defendant's mother to support their claim that she never married with `W. M.' nor defendant was a son of `W.M..' rather they unanimously proved that defendant was born from the wedlock of mother of defendant with `M.H.'---All the witnesses proved the fact that, mother eloped with and went to `RYK' and contracted Nikah there and the defendant was born there---School admission form, other record and mutation got entered by defendant himself with the parentage of `M.H.' and Khasra Girdawari which was never challenged by defendant and presumption attached to Jamabandi which had been prepared, after a lease mutation got sanctioned by defendant himself with the parentage of Court declined to interfere in concurrent findings of fact recorded by courts below---Revision petition was dismissed. 1985 SCMR 1052; 1989 SCMR 704; Naziran Ahmad v. Boota and others 1989 SCMR 450; Riaz v. Muhammad Salim and 4 others 1989 SCMR 1491; Lahore Development Authority v. Muhammad Qasim 2003 SCMR 1311; Irshad Hussain v. Ijaz Hussain and 9 others 1994 PLD SC 326; Abdul Qayyum v. Muhammad Rafiq 2001 SCMR 1651; and Aziz Ullah Khan and others v. Gul…

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