Citation Name: 2023 YLR 2281 PESHAWAR-HIGH-COURTBookmark this Case AMIR RAWAN vs MANZARAY S — 2023 YLR 2281 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 2281 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 2281 PESHAWAR-HIGH-COURTBookmark this Case AMIR RAWAN vs MANZARAY S
Subject matter: Criminal
Provisions referred to: S. 42---Q

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

Citation Name: 2023 YLR 2281 PESHAWAR-HIGH-COURTBookmark this Case AMIR RAWAN VS MANZARAY S. 42---Qanun-e-Shahadat (10 of 1984), Art. 129, illustration (e)--- Suit for declaration---Revenue record---Presumption---Concurrent findings of facts by two Courts below---Petitioners/ plaintiffs claimed to be co-owners in suit land---Trial Court and Lower Appellate Court dismissed suit and appeal filed by petitioners / plaintiffs--- Validity---Presumption of correctness was attached to entries in revenue record but strong presumption of correctness was attached to entries made in the course of first settlement---Petitioners/plaintiffs of suit were to stand on their own legs and their case could not succeed merely by exploiting weaknesses of opposite party i.e. respondents / defendants--- When petitioners/plaintiffs could not prove that property in dispute had been part of property assigned to their village nor they had ever remained in possession of specific part of property in dispute, then weaknesses in plea of respondents/ defendants was not sufficient to give a decree to petitioners/plaintiffs for setting aside entries made in revenue record in the course of first settlement---High Court declined to interfere in concurrent findings of facts by two Courts below who dismissed suit of petitioners/ plaintiffs and such findings were not result of misreading and non-reading of evidence nor had caused miscarriage of justice---Revision was dismissed, in circumstances.

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