Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)

Section: 45(b),163(2)

Law: Limitation Act, 1908

Section: 3,5

(a) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----S.45(b)---Land Inquiry Commission---Revenue entries---Respondent had claimed specific share in subject lands through his application before the Land Inquiry Commission---Entries made by Settlement Teshildar in the revenue record showed that other persons had also been granted decrees in the subject lands by the Inquiry Commission besides there were also co-sharers in the same lands---Subject lands measured 32 bakhras (land measurement unit) whereas the claim of all the owners was with regard to 160 bakhras in light of the decrees awarded in their favour by the Inquiry Commission---Actual area on the spot was not confirmed and decrees were passed in favour of claimants before settlement operation and as a result the situation of "one post and lots of candidates" developed--- Settlement Tehsildar formulated a scheme for resolving said problem, on the basis whereof he calculated the entire area proportionate to the established/decreed area of 160 bakhras---Entries made by settlement Tehsildar on basis of said scheme in the Revenue Record in respect of share decreed in favour of respondent were, therefore, correct and in accordance with S. 45(b) of the Khyber Pakhtunkhwa Land Revenue Act, 1967---Furthermore respondent had recorded his statement before the Settlement Tehsildar in light whereof his share was determined, therefore, he was legally estopped by his own conduct to challenge the entries of his share in the revenue record which had been made in accordance with the decree passed in his favour coupled with his own statement and his original claim---Constitutional petitions were allowed in circumstances. (b) Limitation Act (IX of 1908)--- ----Ss. 3 & 5---Appeal barred by time---Condonation of delay, application for---Reasons for condoning delay not mentioned in the order of Appellate authority---Effect---Since the Appellate authority had not mentioned any reason for condoning the delay caused in filing the appeal, hence, it allowed an appeal which was barred by time and as such the order of Appellate authority was not legally sustainable---Constitutional petitions were allowed in circumstances.…

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