| Citation(s) |
|---|
| 1994 SLG 395 1994 SLD 395 1994 PLD 336 |
Supreme Court of Pakistan
Civil Petition No.130-P of 1993, decision dated: 3rd November, 1993, (On appeal from the judgment/order dated 3-2-1993 of the Peshawar High Court, Peshawar passed in C.R.No.257 of 1992).
FATAL ILAHI KHAN AND WALI MUHAMMAD KHAN, JJ
Haji Bashir Ahmad, Advocate-on-Record. Mian Hisam-ud-Din Khan, Advocate Supreme Court and Jan Muhammad Khan, Advocate-on-Record Nos.S to 16 and 32 to 37. Nemo for the Remaining
Respondents
Civil Petition No.130-P of 1993, decision dated: 3rd November, 1993, (On appeal from the judgment/order dated 3-2-1993 of the Peshawar High Court, Peshawar passed in C.R.No.257 of 1992).
FATAL ILAHI KHAN AND WALI MUHAMMAD KHAN, JJ
Haji Bashir Ahmad, Advocate-on-Record. Mian Hisam-ud-Din Khan, Advocate Supreme Court and Jan Muhammad Khan, Advocate-on-Record Nos.S to 16 and 32 to 37. Nemo for the Remaining
Respondents
WARIS KHAN and 18.OTHERS
VS
Col. HUMAYUN SHAH and 41 others
Law:
Section:
(a) West Pakistan Land Revenue Act (XVII of 1967)-------S. 53---Constitution of Pakistan (1973), Art.185(3)---Suit for correction of Revenue Record---Jurisdiction---Defendants having denied title of plaintiffs in their written statement in a suit for correction of Revenue Record,, only Civil Court had jurisdiction to adjudicate upon respective titles of parties regarding joint property and correctness or otherwise of the Revenue Record---Incorrect entries in Revenue Record being very old and question of prescriptive title being involved therein as also questions of laches and limitation, Civil Court and not the Revenue Court was the proper forum for rectification of such Revenue Record---All the three Courts below had concurrently found plaintiffs as owners of land and had declared revenue entries to the contrary, as incorrect---No legal error was pointed out in s of lower Courts--Leave to appeal was refused in circumstances. (b) Co-sharer--- ----Possession of one co-sharer is possession of all. JUDGMENT WALI MUHAMMAD KHAN, J.---Waris Khan and other; petitioners herein, call in question the judgment dated 3-2-1993 passed by learned Single Judge of the Peshawar High Court, whereby their Revisior Petition No. 257 of 1992 against the judgment of the appellate Court dated 7-5-1992 was dismissed. ' The 'acts of the case, briefly stated, are that Colonel Humayun Shat and others, respondents, filed a suit against Waris Khan and others, petitioners, for declaration and perpetual injunction to the effect that they are owners of the suit land described in the heading of the plaint and that the entries is the Revenue Record in the name of the defendants/petitioners are wrong and ineffective on their rights and for settlement of accounts regarding the compensation which the defendants/petitioners have received. The one was duly contested, necessary issues in the case were framed, evidence led pro and contra thereon recorded and the learned trial Court, vide its judgment and decree dated 17-2-1991, decreed the suit of the plaintiffs/respondents. The defendants/petitioners preferred appeal before the Additional District Judge which was dismissed. Their revision petition was…
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