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

Section: 172,53

Law: Specific Relief Act, 1877

Section: 42

West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 172 & 53---Specific Relief Act (I of 1877), S. 42---Suit for declaration and correction of entries in the revenue record---Bar on jurisdiction of civil court--- Maintainability--- Scope--- Trial Court dismissed suit on the grounds that plaintiff had no cause of action and for want of jurisdiction which was upheld by the Appellate Court---Validity---Jurisdiction of civil court in matter of entries in revenue record had been excluded which would be within the exclusive jurisdiction of revenue officers---Contention of plaintiff was that she had short-fall of 14 marlas of land whereas possession of 11 marlas was prayed but plaint was silent with regard to remaining 3 marlas of land---Plaintiff was not clear about her actual cause/relief which was claimed for---Disputed land was Shamlat Deh for which suit for possession could not be filed in the civil court---Concurrent findings of facts recorded by the courts below could not be disturbed by the High Court, howsoever erroneous they might be---Findings recorded by the courts below being not erroneous, both the courts below had properly attended the points in controversy between the parties and had recorded correct and legal conclusion---Suit was not maintainable---Appeal was dismissed in circumstances. Sardar Khan v. Ghulam Hussain 2003 YLR 1788 rel. JUDGMENT SARDAR ABDUL HAMEED KHAN, J.---This appeal has been filed against the judgment and decree of Additional District Judge Dudyal Camp Mirpur dated 5-9-2007, whereby the appeal filed by the present appellant was dismissed and the order of Civil Judge Mirpur dated 27-3-2006 was upheld. The precise facts culminating into the instant appeal are, that the present appellant filed a suit for declaration for correction of entries of revenue record. According to the averments made in the plaint, the plaintiff and pro forma-respondents Nos. 7 to 73 and 76 to 78 are the owners of land comprising Khasra No. 1064-old, measuring 5 kanals and 2 Marlas, situated in Village Sahng Tehsil Mirpur. It is further averred that during the recent settlement 1994-95, the Revenue Authorities made the above said Khasra number into…

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