Case Details

Citation(s)
2014 SLG 2560 2014 SLD 2560 2014 YLR 1218
Peshawar High Court
Civil Revision No. 1496 of 2006, decided on 4th November, 2013
MALIK MANZOOR HUSSAIN, J
Iftikhar Ali for Petitioners. Ajmal Khan for
Respondents

NISAR MUHAMMAD KHAN and 5 others

VS

SAEEDULLAH KHAN and 16 others

Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Limitation Act (IX of 1908), S.6---Suit for declaration---Correction of entries in the revenue record by the revenue officer---Limitation---Scope---Plaintiff purchased suit property but names of his brothers and nephew were got entered in the sale mutation---Suit was filed by the plaintiff on the basis of the decree under which the mutation was attested in his favour---Plaintiff was owner in possession of suit-land for the last 40 years---Entries in the Jamabandi remained in favour of plaintiff which were challenged by filing application before the revenue officer---Revenue officer made alteration in the entries in a mechanical manner---Long standing entries in the revenue record involving determination of rights could be challenged only through a civil suit and same could not be changed by a revenue officer on the basis of miscellaneous application---Such correction of entries in the revenue record was not sustainable due to jurisdictional defect---Minor could challenge wrong entries or even the decree within three years of attaining of majority---Application for correction of entries was made after 17 years of attaining of majority which was time-barred---Both the courts below had failed to follow the law correctly which resulted into miscarriage of justice---Impugned s and decrees passed by both the courts below were set aside and suit of plaintiff was decreed---Revision was accepted in circumstances. Jan Muhammad and others v. Nazir Ahmad and others 2004 SCMR 1612; Muhammad Aslam v. Abdul Jabbar and others 1992 CLC 1360; Muhammad Ishaq v. Member of Board of Revenue, Punjab and 18 others 1994 MLD 2254; Nawab Ali and others v. Bajwan Singh 1995 CLC 1823; Mst. Surayya Bano v. Mst.Nazia Bano 1996 CLC 1690; Muhammad Usman v. Province of Punjab 2002 CLC 1980; Muhammad Nawaz and 19 others v. Provincial Government and 4 others PLD 1997 (Pesh) 1; Muhammad Ali and 25 others v. Hassan Muhammad and 6 others PLD 1994 SC 245; Muhammad Mehmood Khan v. Muhammad Hassan and 7 others 1991 SCMR 1566 and Mst.Maqsood Bibi v. Ghulam Bahoo 1989 MLD 1990 rel. JUDGMENT MALIK MANZOOR HUSSAIN, J.---This revision petition has been directed…
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