ABDUR REHMAN vs AYUB KHAN S — 2021 CLC 506 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 506 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: ABDUR REHMAN vs AYUB KHAN S
Subject matter: Civil
Provisions referred to: S. 52---S; S. 52; Khyber Pakhtunkhwa Land Revenue Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUR REHMAN VS AYUB KHAN S.52---Suit for declaration and injunction---Record of rights, entries in--- Presumption--- Plaintiffs/petitioners claimed to be owners of suit property and had relied upon entries in Wajib-ul-Arz (record of rights)---Suit was decreed by Trial Court in favour of plaintiffs/petitioners but Lower Appellate Court reversed the findings of Trial Court and dismissed the suit---Validity---Strong presumption of correctness was attached to entries in Wajib-ul-Arz under S.52 of Khyber Pakhtunkhwa Land Revenue Act, 1967 and the same could be relied upon---Property in dispute was inherited property---Defendants/respondents claimed that it was exclusively owned by their predecessor-in-interest but they could not produce any evidence as to how their predecessor-in-interest became owner of property in dispute---Plaintiffs/petitioners were successful in proving that property in dispute was running jointly and the same had been an inherited property between parties---Entries in Wajib-ul-Arz added vigor in favour of plaintiffs/petitioners and it was sufficient to shift burden to defendants/respondents to prove that it was their predecessor-in-interest who had acquired the property---Nowhere it was asserted that predecessor-in-interest of defendants/respondents had ever purchased suit property from other co-owners or anyone else---High Court in exercise of revisional jurisdiction set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court--- Revision was allowed, in circumstances.

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