GHULAM SARWAR vs MUHAMMAD NASEEM Ss — 2022 CLC 1764 QUETTA-HIGH-COURT-BALOCHISTAN

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GHULAM SARWAR VS MUHAMMAD NASEEM Ss.42 & 52---Qanun-e-Shahadat (10 of 1984), Arts.70 & 72---Mutation, value of---Claim on basis of possession---Documentary evidence, preference of---Petitioners/plaintiffs contended that they were owners in possession of the suit property which was inherited from their forefathers; that property of respondents/defendants was adjacent to the petitioners' property; that both parties constructed wall between their properties; that respondents dishonestly tried to trespass and petitioner register complaint in Police station; hence the cause of action---Respondents alleged that inherited property was partitioned privately; each sharer was in proprietary possession of his due share; inheritance mutation had not been affected; that predecessor of petitioners had exchanged the suit property with respondents; that on suit property father of respondents excavated tube-well for irrigating fruit orchard, they had been cultivating several crops for years, erected separate boundary walls, and erected dwelling house---Both the courts below held that respondents/defendants had proved there constant possession since last 40 years without interference/objection, whereas petitioners/plaintiffs had failed to establish their possession---Validity---Petitioners produced mutation entries and ocular evidence who specifically stated that petitioners were owners of suit property---Respondents had failed to prove the said entries as collusive/forged---Presumption of truth was attached to the revenue entries in favour of petitioners---Respondents had failed to rebut the said entries---Claim on bases of possession was good against the world except the rightful owner---Claim of respondents merely on the basis of possession against the rue owner (petitioners) was unjustified/unwarranted---No documentary evidence was produced to establish cultivation for last 40 years---Held, that the petitioner was lawful owner of the suit property and was entitled to possession---Revision petition was allowed and impugned judgments/decrees were set aside. Head NotesCase Description

GHULAM SARWAR vs MUHAMMAD NASEEM Ss — 2022 CLC 1764 QUETTA-HIGH-COURT-BALOCHISTAN

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