Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 42

Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 96,O.XLI,R.31

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S.42---Limitation Act (IX of 1908), Art.120---Specific Relief Act (I of 1877), S.42---Suit for declaration---Rectification of adverse entries in the revenue record---Limitation---Person in possession of agricultural land would not be supposed to rush to court for such rectification---Period of limitation would stand arrested in case of a person in possession of land and preparation of each and every Jamabandi would confer upon him a fresh cause of action---Mere adverse entries of revenue record could never be presumed sufficient to deprive a person from his basic and original ownership. (b) Possession--- ----Custom (Swat area)---Documentary proof of possession---Scope of such proof in Sawat area stated. For 'daftari' or 'serai' ownership in the area of Swat owners are never in possession of documentary evidence, rather the said ownership is based upon their customs and conventions. However, only Gujar caste is not supposed to be the original owner of any property in Swat and any member of the said caste is supposed to produce a deed in support of any claim about any immovable property. (c) Civil Procedure Code (V of 1908)--- ----S. 96 & O.XLI, R.31---First Appellate Court, of---Scope---Duty of such court for being first court of facts to state points for determination, decision thereon'and reasons therefore---Principles. Under Order XLI, Rule 31, C.P.C. the appellate Court being first Court of facts is legally obliged to state points for determination, the decision thereon'and the reasons for the decision. It is incumbent upon the Appellate Court to deal with each and every aspect of the case while hearing the appeal of an aggrieved person, so that all questions of facts are decided at the appellate stage. The obvious reason is that the Appellate Court is the first court of facts and the entire controversy re-opens and the whole evidence before it is supposed to be gone through and discussed threadbare to its satisfaction. JUDGMENT ZIA-UR-REHMAN KHAN, J.---With the help of the instant petition the petitioners being plaintiffs have challenged the validity of the judgment delivered by the learned…

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