MOHAMMAD NAZIR vs ALIM DEEN S — 2022 MLD 1320 HIGH-COURT-AZAD-KASHMIR

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MOHAMMAD NAZIR VS ALIM DEEN S.100---Second appeal---Concurrent decree---Entry in revenue record, cancellation of---Counter suits were consolidated by Trial Court---Suit for declaration and perpetual injunction was filed by respondents alleging that suit land was purchased by the respondents/plaintiffs and proforma defendants from appellants (real defendants) through oral and simple inscription/writing; that suit land was in sole share; that parties were in possession of 3/4 decades; that inscription was misplaced due to earthquake; that respondents made improvements in the suit land by spending millions of rupees; that during the settlement, revenue department entered the plaintiff and his brothers as 'Ghairmoroosi'---Appellants in their written statement and subsequent separate suit claimed that through private partition suit land came into the ownership of appellants (defendants Nos. 4 to 7), one defendant had no nexus with the suit land and; that the plaintiffs' suit was barred by time---Counter suit was filed by the appellants alleging that suit land was gifted by the father to three plaintiffs that mutation had been attested/entered in the record and defendants with the connivance of the revenue officials entered their names and that plaintiffs and proforma defendants had not been arrayed as party---Civil Court consolidated both the suits and decreed the suit for perpetual injunction in favour of plaintiffs/respondent and dismissed the cross suit of the appellant---Both parties filed appeals which were dismissed by the District Court---Validity---High Court observed that civil cases were always to be decided on yardstick of the preponderance of probabilities of evidence---Party in whose favour evidence was titling much more should succeed---No material irregularity regarding infringement of law or for that matter any sort of mis-reading or non-reading had been indicated/pointed out by the appellant in order to provide any room to embark upon or indulge in concurrent findings recorded by both the Courts below---Appeal was dismissed accordingly.

MOHAMMAD NAZIR vs ALIM DEEN S — 2022 MLD 1320 HIGH-COURT-AZAD-KASHMIR

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