Law: West Pakistan Land Revenue Act, 1967

Section: 39 , 42

Law: Civil Procedure Code (V of 1908)

Section: 115

  West Pakistan Land Revenue Act (XVII of 1967)-- ----Ss. 39 & 42---Revenue Record---Correctness of---Presumption of correctness was attached to entries in Revenue Record unless same were rebutted and proved to have been erroneously made without any legal and solid foundation. Civil Procedure Code (V of 1908)-- ----0. IX, Rr. 6 & 13---Ex parte decree---Setting aside of---Duty of Court proceeding ex parte, to go through allegations made in plaint and in support thereof materials placed on file and give its decision thereon---When there were long-standing entries in Revenue Record to which presumption of correctness was attached under law and such entries were challenged, in absence of any evidence, grant of ex parte decree declaring such entries to be illegal and ineffective on plaintiff's right, would not be justified. Messrs Lahore Art Press through its Proprietor Muhammad Mohsin and another v. National Bank of Pakistan, Anarkali Branch, Lahore PLD 1990 Lah. 300 ref. Civil Procedure Code (V of 1908)-- ----S. 115---Revisional jurisdiction, exercise of---When Appellate Court below had set aside order passed by Trial Court after proper appraisal of evidence on record, order of Appellate Court could not be interfered with in revisional jurisdiction of High Court. Muhammad Shuaib Khan for Petitioner. ORDER Admitted facts of the case briefly stated are that Suhbat Ullah Khan, plaintiff-petitioner filed a suit against Pirzada Noorul Baser and others in the Court of Civil Judge, Peshawar, for declaration to the effect that he alongwith defendants 41, 42 and 44 are owners in possession of 3/4 share of the land measuring 54 Kanals 3 Marlas out of total land measuring 72 Kanals 4 Marlas situated in Mauza Gulozai, Tehsil and District Peshawar, that the entries in the Revenue Record in the names of the defendants are wrong and ineffective on the rights of the plaintiff and defendants 41, 42 and 44 and that they are not bound by the wrong entries. In the alternative they have prayed for possession of the land. It has been alleged in the plaint that the land mentioned in the heading of the plaint was property of Qadir son of Najibullah who died issueless…