| Citation(s) |
|---|
| 1990 SLG 3042 1990 SLD 3042 = 1990 PLD 193 |
Regular Second Appeal No.90 of 1966, decided on 15th November, 1989.
Mian NazirAkhtar, J
WAHID BAKHSH and another through Legal Heirs--Appellants
VERSUS
GHULAM MUHAMMAD through Legal Heirs--Respondent
Law:
Section:
This R.S.A. arises out of a suit for declaration with consequential relief for possession filed by the appellants in the Court of the Civil Judge, Muzaffargarh. The appellants had challenged the entries of Jamabandis for the year 1921-22 and claimed ownership of the land. The parties belong to village Bait Mohta Tehsil Muzaffargarh in which consolidation proceedings started in the year 1955 and the consolidation scheme was confirmed on 30-6-1955. Before consolidation, the disputed land formed part of Khata Nos.2, 3, 4 and 5. It was alleged by the plaintiffs/appellants that their predecessors-in-interest and those of the defendants/respondents were joint owners of the said Khatas as per the entries of Jamabandis from the years 1901, 1902 to 1916-17. However, subsequently, a change was brought about in the Jamabandi pertaining to the year 1921-22 which reduced the share of the predecessor-in-interest of the appellants from 2,950 kanals 5 marlas to 1204 kanals 9 marlas. Resultantly, the share of the defendants/respondents was increased. The error continued in the subsequent Revenue Records and the consolidation scheme was also finalized on the basis of the erroneous entries of the Revenue Record.
2. The defendants/respondents resisted the suit in the trial Court which led to the formation of the following issues:--
1. Whether the suit is not maintainable in its present form? And what is its effect on its jurisdictional value?