Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967) S. 52 Entries of Jamabandis Presumption Presumption of truth is attached to entries of Jamabandi Where ownership column of record of rights showed land as ownership of Shamilat Deh viz. proprietary body of the village, presumption would be, that it was owned by the proprietary body of the village. (b) North West Frontier Province Pre emption Act (X of 1987) S. 12 West Pakistan Land Revenue Act (XVII of 1967), S. 52 ¬Constitution of Pakistan (1973), Art. 185(3) Pre emption suit Dismissal of suit on the ground that land comprised in specific Khasra number (land in question) having been consistently recorded as "Ghair Mumkin Qabristan" in possession of Ahl i Islam had ceased to be the ownership of the proprietary body of the village and would be presumed to be dedicated property as Waqf on account of long user as "Ghair Mumkin Qabristan" Validity Subsequent Jamabandis relating to year 1946 47 and thereafter, showed such land in possession of cultivators as "Bila Lagan Bawaja Bai" Different alienations made of such land were more than twenty years old and nobody had challenged their authenticity in proper forum Presumption of truth would thus, attach to such entries Entire land in question, being under "Abadi" was in possession of owners sold away to them from time to time Question of extinction of ownership rights on account of long user as "Qabristan" regarding entire Khasra number, thus, did not arise Judgment of High Court decreeing plaintiffs suit did not show any legal flaw Leave to appeal was refused in circumstances. PLD 1968 Pesh.181 ref. JUDGMENT WALI MUHAMMAD KHAN, J. Haji Fazal Shah and others, petitioners herein, call in question the judgment dated 15 5 1993 passed by a learned Single Judge of the Peshawar High Court, .whereby he accepted Revision Petition No.101/86 filed by Shahbaz Khan, respondent herein, set aside the judgment and decree dated 30 11 1985 passed by the Appellate Court and restored that of the trial Court dated 7 12 1983 decreeing the suit of the plaintiff Saadullah, predecessor in interest of respondents 1 to 5. We have heard Mr. M. Ismail Fehmi, Advocate, for the petitioners, and…

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