Case Details

Citation(s)
2017 SLG 2262 2017 SLD 2262 2017 CLC 1288
Supreme Court (AJ&K)
Civil Appeal No. 40 of 2015, decision Dated: 12-4-2017. Hearing Date : 6-4-2017. (On appeal from the judgment of the High Court Dated 21.03.2014 in Civil Appeal No. 57 of 2007)
RAJA SAEED AKRAM KHAN, JUSTICE
Muhammad Hanif Khan Minhas, Advocate for Appellants. Syed Nazir Hussain Shah Kazmi, Advocate for
Respondents.

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY AND 2 OTHERS

VS

MUHAMMAD DIN THROUGH L.RS. AND 12 OTHERS

Law:

Section:

Land Revenue Act (XVII of 1967)--- ----Ss. 53 & 172---Specific Relief Act (I of 1877), S.42---Suit for declaration---Maintainability---Correction of entries in the revenue record---Scope---Trial Court decreed the suit which was upheld by the Appellate Court and High Court--- Validity---Judgment passed by the Trial Court was well reasoned and consistent with the evidence produced by the parties---Every repeated wrong entry in successive revenue record furnished a fresh cause of action---Civil Court was vested with the jurisdiction to resolve controversy under the provisions of S.53 of Land Revenue Act, 1967---If name of an owner did not appear in the subsequent revenue record, such person could establish his right by filing a declaratory suit---Appeal was dismissed in circumstances. Kh. Muhammad Akbar and others v. Kh. Fateh Muhammad and others 2000 SCR 211 and Sardar Khan v. Ghulam Hussain and others 2003 YLR 1788 ref. Maqsood Kousar v. Revenue Department and others 2015 SCR 929; Ghulam Rasul v. Hidayat Ullah 1987 MLD 35 and Mir Rehman Khan v. Sardar Asdullah Khan PLD 1983 Quetta 52 rel. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, C.JUSTICE:-- -.--- The titled appeal by leave of the Court arises out of the judgment of the High Court dated 21.03.2014, whereby the second appeal filed by the appellants, herein, has been dismissed. 2. The summarized facts of the case are that the respondents, herein, filed a declaratory suit for correction of revenue record in respect of the land comprising survey No. 776/1 measuring 14 kanals, 17 marlas, survey No. 776/2 measuring 45 kanals, 17 marlas and survey No. 695 measuring 43 kanals 19 marlas, in the Court of Civil Judge, Kahuta, District Haveli on 21.11.2000. The learned trial Court after necessary proceedings, decreed the suit through judgment and decree dated 29.08.2008. Feeling aggrieved, the appellants filed an appeal in the Court of District Judge. The learned District Judge dismissed the appeal vide judgment and decree dated 31.03.2009. Second appeal filed before the High Court has also been dismissed through the impugned judgment, hence this appeal by leave of the Court. 3. Mr. Muhammad Hanif Khan…
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