Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration, permanent injunction and correction of entries in revenue record---Suit had concurrently been decreed by the courts below in favour of plaintiff---Plaintiffs claimed themselves to be the owners of land in question which according to them devolved on them as their ancestral property, which was purchased by their predecessor-in-­interest---Defendant/Provincial Government did not deny the title of the plaintiffs to the extent of landed property purchased by their predecessor, but according to the defendant land in question was different from the one as mentioned---Burden was on the plaintiffs to establish their title in respect of property in question as same existed in the name of Government---Plaintiffs though had asserted execution of sale-deed in favour of their predecessor in respect of suit property, but they failed to produce sale-deed during course of trial---No evidence was available on record about ownership and possession of land in question in favour of the plaintiffs---Despite the same, the Trial Court and Appellate Courts relied on oral evidence so produced---Title of a party could not be decided on such set of evidence---Both the courts below had failed to appreciate the evidence and material properly, while arriving to the conclusion which was not in accordance with law and facts---Plaintiffs had completely failed to establish their title on the basis of evidence produced by them---Plaintiffs, in circumstances, were not entitled to the relief as prayed by them; and as granted to them by the Trial Court and upheld by the Appellate Court---Petition though was barred by more than three months, but impugned orders being contrary to law and facts were illegal and void, no limitation would run against a void order---Delay in filing revision petition, was condoned, in circumstances---Impugned orders were set aside and suit filed by the plaintiffs stood dismissed being without merits---Entry in question in record of rights stood restored in favour of defendant/ Provincial Government. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.---The petitioners being aggrieved of judgments dated…

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