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Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Land Revenue Act (XVII of 1967), S.172(2)(viii)--Declaratory suit on basis of ownership and that entries in record-of-rights about assessment of revenue were incorrect--Suit dismissed by trial Court and First Appellate Court--High Court accepted revision by respondents and restored suit--Supreme Court after having examined the plaint granted leave to appeal to consider whether view of High Court was based on misreading of plaint. Tanvir Ahmad Khan. Assistant Advocate-General (Pb.) and Sh. Ijaz Ali, Advocate-on-Record for Petitioners. Dates of hearing: 28th October; 4th, 5th and 10th November, 1980. ORDER DORAB PATEL, J.--The respondents filed a suit against the petitioners for a declaration that they were the owners of the Shamilat Deh (of which particulars are contained in their plaint) and as the further relief claimed by them was that the entries in the Revenue records about the assessment of revenue were not correct, the petitioners took a preliminary objection to the suit on the ground that it was hit by item No. R of subsection (2) of section 172 of the West Pakistan Land Revenue Act, 1967. The question turned on the nature of the relief claimed by the respondents and the learned Civil Judge, Muzaffargarh examined the plaint and reached the conclusion that although the respondents claimed to give declaratory relief they were in fact seeking reduction of…

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