Law:

Section:

Specific Relief Act (I of 1877) --- ----Ss. 42 & 8---West Pakistan Land Revenue Rules, 1968, Rr. 67-A & 67-B---Demarcation of land by the revenue officer---Suit for declaration and possession---Maintainability---Suit was dismissed on the ground that Civil Court had no jurisdiction to adjudicate the matter---Validity---Plaintiffs moved application for demarcation of suit property before the revenue official which was entertained and adjudicated upon---Mere demarcation of land was the matter within the domain of revenue authorities---Suit with regard to claim of possession of the area demarcated and encroached upon was to be filed in the Civil Court---Plaintiffs had sought the possession of the encroached land by filing suit before the Civil Court---Job of revenue officer was completed after demarcation proceedings and he had no power to restore the possession of the encroached land---Aggrieved person for the said purpose had to file civil suit for possession and Rr.76-A & 67-B of West Pakistan Land Revenue Rules, 1968 were not applicable in the Province of Khyber Pakhtunkhwa having not been adapted---Impugned s and decrees passed by the Courts below were set aside---Matter was remanded to the Trial Court for decision afresh on merits---Revision was allowed in circumstances. 2016 CLC Note 53, Page 71 ref. Mehram Khan and others v. Fateh Khan and others 1983 SCMR 366; Dilawar Khan and 2 others v. Mst. Mehrun Nisa and others 2011 YLR 872 and Ghulam Haider and others v. Masaud and others 2016 CLC Note 53, P. 71 rel. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- Through the present Civil Revision Petition, the petitioners have called in question the judgment and decree dated 11.12.2012, passed by the learned Additional District Judge, Kohat whereby the appeal of the petitioners against the judgment and decree dated 30.11.2011 of the learned Civil Judge-IV, Kohat was dismissed. 2. The facts giving rise to the filing of suit for declaration by the petitioners have been recounted in the judgment and decree dated 30.11.2011 of the learned Civil Judge-IV, Kohat however, concisely stating the admitting fact are that the petitioners/plaintiff brought a suit…

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