Law:

Section:

Land Acquisition Act (I of 1894)--- ----S. 4---Specific Relief Act (I of 1877), S. 42---Acquisition of land---Nature of land, determination of---Plaintiff filed suit for declaration that suit property was in his ownership and was irrigated through 'Ghair Mumkin Tangy' and authorities had no right to enter the same as 'bari' in revenue record---Plaintiff also sought correction in revenue record---Suit was decreed and appeal preferred against /decree was also dismissed---Authorities took plea of first settlement of District when suit property was recorded as 'bari' and pleaded ground of limitation as a bar to suit alleging the suit to be based on mala fide since it was instituted when Government issued the notification under S.4 of Land Acquisition Act, 1894---Plaintiff contested revision petition by referring to compromise deed regarding distribution of water between their predecessors in interest and other evidence brought before Trial court---Validity---Presence of water channel established by evidence of Patwari and Tehsildar in property owned by plaintiff determined nature of land as 'aabi' as opposed to 'bari' and it was to be mentioned in first settlement as such---Limitation and cause of action only accrued when notification under S. 4 of Land Acquisition Act, 1894 was issued and status of land was recorded as 'bari'---Trial court and Appellate Court below had rightly passed the orders which suffered with no illegality, misreading or non-reading of evidence---Revision was dismissed. Mazloom Hussain v. Abid Hussain and 4 others PLD (sic) SC 571; Nawab Khan and others v. Said Karim Khan and others 1997 SCMR 1840; Amir Ali Shah v. Sher Azeem and others 2010 CLC 1246; Almas Ahmad Fiaz v. Secretary Government of the Punjab Housing and Physical Planning Development, Lahore and another 2006 SCMR 783 and Government of N.W.F.P. through Secretary Forest Department, Peshawar and 2 others v. Zain Khan PLD 1993 Pesh. 131 ref. JUDGMENT HAIDER ALI KHAN, J.---This civil revision under section 115, C.P.C. is directed against the judgment and decree dated 25-9-2014 of the learned District Judge/Zilla Qazi, Shangla, whereby appeal of the petitioners against the judgment and…

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