MUHAMMAD SHOAIB vs Mst — 2024 CLC 1907 PESHAWAR-HIGH-COURT

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MUHAMMAD SHOAIB VS Mst. SALEHA Ss. 42 & 9---Suit for declaration and possession seeking correction of wrong entries in revenue record---Concurrent findings of both the courts below---Selling of property by the vendor without any title therein---Long silence of the vendee and their predecessor-in-interest as to wrong entries in the revenue record---Effect---Vendor cannot pass on to the vendee anything better than he himself holds, thus, it is the vendee, who is to apply maximum care before entering into a transaction of sale---Vendee's right/title being dependent upon the strength or weakness of the title of the seller, he is to sail, swim and sink with the seller---Despite having knowledge that the property in dispute was in the ownership of predecessor of other respondent, neither their predecessor nor the petitioners had ever challenged the said entries for a considerably long period, thus, their suit at a belated stage was hopelessly barred by time and it was rightly so held by both the Courts below---Revenue record reflected that predecessor of the other respondents had been recorded as owner of the suit property even prior to the year of sale deed in favour of predecessor of the petitioners, which entries remained intact till the alienation of property in question in favour of other respondents through subsequent sale deed, hence, the alienation was legal and, thus, protected under the law---Petitioners failed to point out any illegality or irregularity in the impugned findings of the Courts below, which could warrant interference by the High Court in its revisional jurisdiction, which was indeed very narrow and limited in its scope---Civil revision was dismissed, in circumstances.

MUHAMMAD SHOAIB vs Mst — 2024 CLC 1907 PESHAWAR-HIGH-COURT

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