MOMIN KHAN vs ABDUL SATTAR Ss — 2023 MLD 618 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 618 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: MOMIN KHAN vs ABDUL SATTAR Ss
Subject matter: Civil
Provisions referred to: S. 52---S; S. 52; Balochistan Land Revenue Act (XVII of 1967); 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

MOMIN KHAN VS ABDUL SATTAR Ss. 42, 8 & 54---Balochistan Land Revenue Act (XVII of 1967), S. 52---Suit for declaration, possession and permanent injunction---Presumption in favour of entries in records-of-rights and periodical records---Scope---Plaintiffs filed a suit for declaration, possession and permanent injunction against the defendants alleging therein that the suit property was ancestral property and that the grandfather of plaintiffs had rented the suit property to the grandfather of defendants which was still continuing---Trial Court and Appellate Court concurrently decreed the suit---Validity---Defendants had merely denied the ownership of plaintiffs but had failed to produce extract from the revenue record in order to prove their ownership---Defendants had claimed ownership on the ground that utility bills were in their names---Defendants were duty bound to produce the revenue record or other document to prove their claim---Plaintiffs had claimed ownership through longstanding entries---Under S. 52 of the Land Revenue Act, 1967 the entries carried presumption of truth---Suit property had already been mutated in the names of the plaintiffs---Plaintiffs had not challenged the mutation entries neither in the revenue hierarchy nor civil court---Mere bald assertion could not rebut the document---Defendants had failed to point out any illegality or irregularity in the impugned judgments and decrees of the courts below---Revision petition was dismissed.

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