Law:

Section:

Specific Relief Act (I of 1877)-------S. 8---Qanun-e-Shahadat (10 of 1984), Art.49---Suit for possession---Allegation of encroachments against defendants---Documentary evidence containing the entries qua the plaintiffs had not been controverted by the defendants as they kept silent over their alleged right and remained in a state of dormancy for such a long time---Document when admitted in evidence without objection from the other side could be taken into consideration---Entries were incorporated, after demarcation proceedings, in the Register of Khasra Girdawari and the Register of Record of Rights showing the defendants as `Tajawaz Kunindgan' (illegal occupants)---Register of Record-of-Rights pertaining to the years 1981-1982, 1983-84 as well as Khasra Girdawari still contained such entries---Demarcation had been conducted on 1-8-1981 and the suit was instituted in the year. 1987 on the basis of such measurement of land---Defendants had not challenged the demarcation of the land made by the Revenue Officer before the next Revenue/Colonies hierarchy nor challenged the same through the civil suit, and up-till now, the entries showing the defendants as illegal occupants over the land in dispute were intact---Long-standing entries in the Revenue Record specially in the Register of Record-of-Rights carried presumption of truth and could not be controverted by mere oral evidence unless proved otherwise by sufficient and convincing evidence---Plaintiffs, in circumstances, had successfully proved their case---High Court, after appreciating the evidence of the parties, had based its findings on legitimate conclusion drawn from the evidence and correctly set aside the passed by lower courts against the plaintiffs. Abdullah v. Abdul Karim PLD 1968 SC 140; Mohd. Saleem v. Mohd. Akram PLD 1971 SC 516; Mst. Murrian v. Suleman PLD 1984 SC(AJ&K) 63; Hakim Khan. v. Aurangzeb and another 1979 SCMR 625; Sundar Singh v. Chhajju Khan AIR 1934 Lah. 309 and Evacuee Trust Property Board & others v. Haji Ghulam Rasool Khokhar and others 1990 SCMR 725 ref. Altaf Elahi Sh. Advocate Supreme Court for Appellants. Rana Muhammad Anwar Khan, Advocate Supreme Court for Respondents.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492