| Citation(s) |
|---|
| 2017 SLG 1251 2017 SLD 1251 2017 PLJ 586 |
Lahore High Court
C.R. No. 1386 of 2011, decided on 24.3.2017.
SHAHID BILAL HASSAN, J.
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C.R. No. 1386 of 2011, decided on 24.3.2017.
SHAHID BILAL HASSAN, J.
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MUHAMMAD KHAN . er
VS
MUHAMMAD ABBAS and others . --Respondents
Law:
Section:
W.P. Land Revenue, 1967 (XVII of 1967) --.-- --.-- S. 172(2) --.-- Civil Procedure Code, (V of 1908), S. 12(2) --.-- Legal share registered hibba-nama --.-- Correction of long standing entries in revenue record did not come in domain revenue hierarchy but to recourse Civil Court, being Court of ultimate jurisdiction --.-- Supervisory jurisdiction --.-- Wherein only correction with regard to rectifying any mistake in implementing Courts' decrees or any other clerical mistake in record of rights, periodical entry or register of mutation, especially when there appears no controversy regarding title of any of party, jurisdiction lies with Revenue Courts and Section 172(2) of Act, 1967 bars jurisdiction of Civil Court in that regard, as only entries of mutation were challenged and were sought to be incorporated in accordance with and decree, which was still intact and had attained finality --.-- When and decree has not been challenged or said to be incorrect while moving application for correction before revenue hierarchy, that application under Section 12(2) of C.P.C. ought to have been filed instead of said application for correction, have no force, because no allegation of fraud or misrepresentation has been leveled; therefore, same is discarded --.-- Courts below had not committed any illegality or irregularity while passing s and decrees, rather have exercised vested jurisdiction by appreciating and construing law on subject in an apt way --.-- Findings recorded by Courts below, being upto dexterity and based on proper appraisal of evidence on record, do not call for any interference by High Court in exercise of revisional jurisdiction. Mr. Taki Ahmad Khan, Advocate for Petitioner. Mr. Sabir Hussain, Advocate for Respondents No. 1 to 5. Date of hearing: 14.2.2017. ORDER Muhammad Khan, the present petitioner instituted a suit for declaration with permanent injunction wherein it was averred that the land in dispute, detailed under Paragraph No. 1 of the plaint, was situated at Village Khan Jajja, Tehsil Pasrur, District Sialkot and he was lawful owner of the land measuring 27 kanals 01 marla according to his legal share from the said land. On 26.09.2000, the…
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