Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 39,45

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss.39 & 45---Constitution of Pakistan (1973); Act 185(3) ---Constitutional jurisdiction---Question of fact---Correction of Khasra Girdawari---Petitioners sought such correction but Revenue Authorities refused to include their names in Khasra Girdawari---High Court in exercise of Constitutional jurisdiction also declined to interfere in the orders passed by the Revenue Authorities---Validity---Names of the petitioners figured nowhere in the disputed Khasra numbers---Such question of fact had been determined by the Courts below after proper appreciation of record---Supreme Court did not find any justification to interfere with the orders passed by Courts below---Leave to appeal was refused. JUDGMENT TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 8-8-2001 of the learned Single Judge of the Lahore High Court, Lahore, whereby Writ 'Petition No.8738 of 1993 filed by the present petitioners was dismissed. Briefly stated facts of the case are that the predecessor-in-­interest of the petitioners Sardar filed a suit for possession through pre­emption against the respondents claiming superior right of pre-emption against the vendees. He also filed a petition for correction of Khasra Girdawari in his favour in respect of the disputed Khasra Numbers. The respondents contested the suit and out of divergent pleadings of the parties issues were framed. After recording evidence of the parties, the Assistant Commissioner/Collector, Wazirabad, through his judgment dated 1-6-1982, decreed the suit in respect of the entire land. However decree was passed only to the extent of 32 Kanals of land and the land which was underneath the Nullah was left out as the same was stated to have been acquired. The respondents filed an appeal assailing the afore­said judgment, which was partly allowed by the Additional Commissioner (Revenue), Gujranwala Division, on 20-5-1985. The Appellate Court modified the decree of the trial Court to the extent of claim of the petitioners in respect of Khasra Nos.16 and 24 while to the extent of Khasra Nos. 12, 13 and 76 it was set aside as the land was stated to be not in…

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