GHULAM QADIR vs JAM ALI AKBAR arts — 2022 MLD 1547 QUETTA-HIGH-COURT-BALOCHISTAN

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GHULAM QADIR VS JAM ALI AKBAR arts.117, 118 & 122---Limitation act (IX of 1908), art. 3---Mutation entries---Suit for declaration, possession, cancellation---Petitioners/plaintiffs claimed that they were owners in possession of the suit land since 1908; that prior to that their ancestors used to cultivate the land as settlers; that respondents occupied the same with collusion of police and evicted the petitioners; that revenue record was not transferred in favour of the petitioners---Suit was concurrently dismissed---Validity---Statements of the petitioners and witnesses produced by petitioners were contradictory to each other on material count of the case i.e. regarding possession, ownership, entries in revenue records, etc.---Record transpired that the settlement of land was completed in 1969 whereby all the record of right was recorded in the name of respondents and nowhere the name of petitioners was assigned to ascertain their ownership---Record also showed that petitioners were aware of revenue record, but did not raise any objection till filing of the present suit before any forum for correction of revenue record---Suit was barred by time for 37 years---Petitioners had failed to prove their ownership, possession, dispossession from the property---Revenue record since year of settlement in 1969 was in the names of respondents---Heavy burden was upon the petitioners to prove their affirmative case of ownership through cogent/reliable evidence and they were to stand on their own legs to succeed and could not avail benefits of any weakness in case of opposite party---Even if the case was remanded, no fruitful purpose could be served because the suit was hit by law of limitation---Revision petition was dismissed accordingly. Head NotesCase Description

GHULAM QADIR vs JAM ALI AKBAR arts — 2022 MLD 1547 QUETTA-HIGH-COURT-BALOCHISTAN

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