C.P.L.A.394-P/2010 Mst. Jehan Bano & others v. Mehraban Shah & others2024 SCMR 1096
Land revenue record --- Presumption of truth --- Oral cachange 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 girdawari until contrary is proved --- In the present case the in the periodical record of rights i.e. jamabandis / khasra 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 Nos . 1 to 3 have also proved the exchange transaction through producing confidence inspiring oral evidence , the respondent the exchange deed dated 01 10 1980 which bears thumb 2 - Taking undue impressions of the predecessor of petitioners and his brother , the signatures of respondent No 1. respondent No. 3 and thumb impression of respondent 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 -
C.P.L.A.394-P/2010
Mst. Jehan Bano & others v. Mehraban Shah & others
2024 SCMR 1096
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