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

Section: 42,44

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120

Law: Specific Relief Act, 1877

Section: 42,54

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----Ss. 42 44---Qanun-e-Shahadat (10 of 1984), Arts. 117 120---Specific Relief Act (I of 1877), Ss. 42 54---Suit for declaration and injunction---First settlement record of rights---Presumption of correctness---Petitioner/plaintiff claimed to be owner of land used for public path---Trial Court and Lower Appellate Court dismissed suit and appeal filed by petitioner/plaintiff---Validity---Petitioner/plaintiff was to prove his case on the basis of his own evidence and he could not be allowed to draw any benefit from weakness or lapses of defendants evidence---Strong presumption of correctness and authenticity was attached to entries made during the course of first ever settlement of record of rights---High Court declined to interfere in concurrent findings of facts and law of two Courts below as the same were in accordance with available evidence of parties and neither suffered from any misreading or non-reading of evidence nor from any illegalities or material irregularities---Revision was dismissed, in circumstances. Qahaim Khan and 4 others v. Amar Khan and 2 others 2022 CLC 335; Muhammad Latif v. Bashir Ahmed and 7 others 2004 CLC 1010; Abdul Waheed v. Muhammad Bilal PLD 2005 Pesh. 19; Haji Allah Bakhsh v. Abdullah Khan and others 2001 SCMR 363; Nawab Khan and others v. Said Karim Khan and others 1997 SCMR 1840; Faqir Muhammad Khurshid and others v. Chief Administrator of Auqaf PLD 1987 SC 60; Makhdum Hasan Baksh v. Ilahi Bakhsh and others (1913) 48 P R 27; Mst. Zarsheda v. Nobat Khan PLD 2022 SC 21; Shahbaz Gul and others v. Muhammad Younas Khan and others 2020 SCMR 867; Ahmad Nawaz Khan v. Muhammad Jaffar Khan and others 2010 SCMR 984; Cantonment Board through Executive Officer, Omit. Board, Rawalpindi v. Ikhlaq Ahmed and others 2014 SCMR 161; Atiq-ur-Rehman v. Muhammad Amin PLD 2006 SC 309; Sultan Muhammad and another v. Muhammad Qasim and others 2010 SCMR 1630 and Muhammad Sarwar and others v. Hashmal Khan and others PLD 2022 SC 13 rel. (b) Limitation Act (IX of 1908)--- ----S. 3---Limitation, question of---Determination---Principle---It is duty of Court to adhere to question of limitation as S. 3…

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