Mst. JEHAN BANO vs MEHRABAN SHAH S — 2024 SCMR 1096 SUPREME-COURT

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Mst. JEHAN BANO VS MEHRABAN SHAH S. 52---Land revenue record---Presumption of truth---Oral exchange of land---Proof---Inheritance mutation, legality of---According to section 52 of the West Pakistan Land Revenue Act 1967, presumption of truth is attached to the entries made in the periodical record of rights i.e. jamabandis/khasra girdawari until contrary is proved---In the present case the jamabandis of the years 1949-50, 1953-54, 1957-58, 1969-70 and 2001-02 as well as khasra girdawari reveal that the exchange of pieces of land by the predecessor of the parties was given effect in the periodical record of rights by entering their names in the column of cultivators---After death of their predecessor, the names of respondents Nos. 1 to 3 were also entered in the column of cultivators for the suit land in the jamabandis/khasra girdawari of different years which were not challenged by the predecessor of the petitioners in his lifetime as well as by the petitioners till filing of civil suit by the respondents in March 2005---Petitioners failed to rebut the presumption of truth attached with the long standing jamabandis/khasra girdawari for the suit land existing in the names of respondents Nos. 1 to 3 due to exchange transaction---On the contrary, apart from producing confidence inspiring oral evidence, the respondent Nos. 1 to 3 have also proved the exchange transaction through the exchange deed dated 01.10.1980 which bears thumb impressions of the predecessor of petitioners and his brother, the signatures of respondent No. 1, respondent No. 3 and thumb impression of respondent No. 2---Taking undue advantage of the existence of the name of their predecessor in the column of ownership for the suit land in the jamabandis, after his death, the petitioners managed impugned inheritance mutation dated 21.04.1991 in their names by concealing the factum of exchange of the suit land as well as long standing cultivating possession of the respondents over the suit land since the year 1945---Appellate Court and Revisional Court had rightly decreed the suit of the respondents and dismissed that of the petitioners---Petition was dismissed and leave to appeal was refused.

Mst. JEHAN BANO vs MEHRABAN SHAH S — 2024 SCMR 1096 SUPREME-COURT

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