Case Details

Citation(s)
1992 SLD 766 = 1992 CLC 382
Peshawar High Court
Writ Petition No.55 of 1988, decided on 17th June, 1991.
Presented By: Before Fazal Elahi Khan, C.J and Wali Muhammad Khan, J
Muhammad Aslam Khan, A.A: G. and Alhaj Sardar Bahadur Khan for
Respondents Nos. 1, 2, 5 and 6. Pirzada Muhammad Daud Shah for
Respondents Nos. 3 and 4.
Respondent No.7 in person. Sardar Jang for
Respondents Nos. 8 and 9.

TANZEEM    BAZYABI-E-HAQOOQ    MALKAN-E-ORUSH,                        ABBOTTABAD through General Secretary--Petitioner

VERSUS

DEPUTY       COMMISSIONER/COLLECTOR,                       ABBOTTABAD                                       and                       8 others--Respondents

Law: Constitution of Pakistan, 1973

Section: 199

Law: Punjab Land Revenue Act, (XVII of 1887)

Section: 44 ,45

Law: Civil Procedure Code (V of 1908)

Section:

  Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Locus standi to invoke---Petitioner Society consisting of members claiming to be the descendants of original land owners who had leased/rented land in question to British Government and present Government having stopped payment of rent they were entitled either to the payment of rent or possession of same---Petitioner however, failed to bring any document on record to substantiate that predecessors of alleged members of petitioner Society were owners of land and that they had rented/leased out the same to British Government---In absence of any such document Court could not hold petitioner Society as owner of land in question. Punjab Land Revenue Act (XVII of 1887)--- ----Ss. 44 & 45---Specific Relief Act (I of 1877), S.42---Limitation Act (IX of 1908), Art.120---Ownership of land---Proof---Remedy---Land in question, shown to be in ownership of in the earlier settlement record which document was prepared under the provisions of Punjab Land Revenue Act, 1887, and presumption of truth was attached to such record of rights under S.44 of the Act XVII of 1887, while S.45, thereof provided that a person feeling aggrieved by an entry in any record of rights could seek declaration of title in a Civil Court within six years---Petitioner's predecessors if felt aggrieved from entries of settlement record prepared in the last century could have brought  suit  to  challenge  those  entries  within  statutory  period  of  six  years ---Ownerships and possession of petitioner, from its inception was denied by respondents including predecessors of members of petitioner Society-- Respondents having remained in such possession had acquired prescriptive title as well---Petitioner, thus, was not entitled to seek relief against respondents. Punjab Land Revenue Act (XVII of 1887)--- ----S. 45---Constitution of Pakistan (1973), Art.199---Correction of entries of ownership column---Secretary Revenue of the Province issuing notification to that effect---Validity---Ownership of land in question vested in Central Government---Provincial…
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