Suit for declaration with possession

2018 YLRN 44 Gilgit-Baltistan Chief Court Judicial Precedent

S. 42Suit for declaration with possessionContention of defendants was that they were in possession of the suit land on the basis of gift deedSuit was dismissed concurrentlyValidity

Proceedings with regard to gift deed were illegal and incorrect as persons who conducted the said proceedings had no legal power to do the same

Courts below had wrongly relied on the evidence of defendants

Plaintiffs were the only legal heirs of their father

Gift deed was an attempt on the part of defendant to deprive the legal heirs from their shari share in the property of their father

Defendants had failed to establish ingredients of a valid gift

Impugned judgments and decrees were result of mis-reading of evidence

Courts below had committed material irregularity while recording the impugned findings

Impugned judgments were set aside in circumstances

Plaintiffs were declared owners of suit property and they were entitled to possession of the same

Revision was allowed accordingly.

2017 YLR 1211 PESHAWAR-HIGH-COURT Judicial Precedent

S. 42Suit for declaration with possessionMortgagee rightOld revenue recordPresumption of truthScope

Plaintiffs filed suit for declaration to the effect that they were legal heirs of deceased and were entitled to legacy as per sharia law, and inheritance mutation of their predecessor-in-interest had wrongly been attested and same was ineffective upon their rights

Defendants contested the suit on the ground that suit property had been rightly devolved upon defendants

Plaintiffs produced revenue record on the basis of which, they agitated their claim

Suit was decreed but appeal against it was allowed

Validity

Old revenue record produced by plaintiffs did not support their version as the name of their predecessor in interest had not been mentioned as owner

Plaintiffs failed to produce documentary evidence in rebuttal of old entries in revenue record or through any other believable evidence in support of their stance

Plaintiff in fact claimed ownership of their predecessor on the basis of his entry as mortgagee in the revenue record which carried no weight as the mortgagee rights could only be transferred instead of ownership

Presumption of truth was attached to old entries of revenue record

Revision petition was dismissed in circumstances.

2017 YLR 1211 PESHAWAR-HIGH-COURT Judicial Precedent

S. 42Suit for declaration with possessionMortgagee rightsRevenue record

Plaintiffs filed suit for declaration to the effect that their predecessor was owner of the property and they were being his legal heirs and were entitled to get his property but in fact the status of their predecessor was only a mortgagee

Any person who had mortgagee rights could only transfer to others the mortgagee rights and same were only devolved upon their legal heirs.