Law:

Section:

(a) Constitution of Pakistan (1973)Art. 185(3) Revenue record Clerical mistake Leave to appeal granted to consider question whether High Court was justified to assume jurisdiction and rectify clerical mistake particularly when area in dispute consistently recorded in Revenue papers such as alleged by petitioner. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958) ----S. 10 Revenue record showing petitioner owner of certain area of land on account of verified claim Settlement authority also stating area to be correct Held, High Court cannot go into matter and reduce area in rectification of clerical mistake which bad crept into revenue record Petitioner, held, entitled to full area of land as recorded in revenue record. JUDGMENT MIAN BURHANUDDIN KHAN, J. Mst. Akhtari Khanum got allotted Khasra No. 2366/2 land measuring 31 Kanals and 2 Marlas in village Lund Khowar, Tehsil and District Mardan, against her verified claim, as a share of the non Muslim evacuees in a joint Khata part of which wag owned by Muslim owners. The Khata was partitioned vide Mutation No. 4243 the share of the evacuees was mutated in the name of the Central Government which was later allotted to the appellant on 20 12 1961. 2. On 29 5 1965 the appellant brought a suit against the respondents for the possession of the aforesaid land and recovery of mesne profits which was decreed and she was declared to be entitled to Rs. 100, as mesne profits. This decree for mesne profits was set aside by the District Judge who maintained the decree for possession. Regular Second Appeal was filed by the respondent which was also dismissed by, the learned Peshawar High Court vide the impugned judgment. However, in the concluding portion of…

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