| Citation(s) |
|---|
| 2015 SLG 703 2015 SLD 703 2015 YLR 750 |
Peshawar High Court
Civil Revision Petition No. 148-P and C.M. No. 167-P of 2012, decided on 29th January, 2014
MALIK MANZOOR HUSSAIN, J
Abdul Maqbool Khatak for Petitioners. Muhammad Iqbal for
Respondents
Civil Revision Petition No. 148-P and C.M. No. 167-P of 2012, decided on 29th January, 2014
MALIK MANZOOR HUSSAIN, J
Abdul Maqbool Khatak for Petitioners. Muhammad Iqbal for
Respondents
MUHAMMAD AZAM KHAN and 17 others
VS
MUHAMMAD SARWAR and 21 others
Law: West Pakistan Land Revenue Act, (XVII of 1967)
Section: 172,53
West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 172 & 53---Correction of revenue entries---Scope---Contention of defendants was that District Officer Revenue had got no power to change the entries which were incorporated in the record of rights through settlement---Suit was decreed concurrently---Validity---Plaintiffs were owners in possession of the suit property---Long standing entries from the year 1943 up till 1994-95 remained in the name of plaintiffs---Plaintiffs preferred application for correction of entry in the record of rights before the District Officer Revenue when same was altered---District Officer Revenue passed order for correction of entry in the light of record made available to him---Neither any area was enhanced in favour of plaintiffs nor the title or entitlement of the defendants was disturbed rather the entries were made with regard to the area already possessed and had been incorporated in the revenue record prior to wrong entry---Revenue Officer was bound to make correction whenever any wrong entry was noticed by him---Revenue Officer had power to pass order for correction of entry in the record of rights, periodical record or register of mutation---When question of title was involved then the provisions of S. 53 of West Pakistan Land Revenue Act, 1967 would be invoked---No question of title was involved in the present case but it was a mere correction of entry, therefore powers exercised by the Revenue Officer were supported by law---Revision was dismissed in circumstances. JUDGMENT MALIK MANZOOR HUSSAIN, J.---Instant revision petition has been preferred against Judgment dated 17-12-2011 passed by the learned Additional District Judge, Swabi, whereby appeal filed by the petitioners had been dismissed and the Judgment and decree dated 22-1-2011 passed by the learned trial court was upheld. 2. Briefly, the facts of the case are that the petitioners filed a suit for declaration, permanent injunction and in alternate for possession of the suit land fully described in the heading of the plaint. The suit was contested by the respondents and the learned trial Court through Judgment dated 22-1-2011 decreed the suit. Feeling…
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