Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------S.10(2) [as applicable in Sindh Province]---Canal and Drainage Act (VIII of 1873), S.3---Grant of land to defendant under old Land Grant Policy on Harap basis in open Katchery in 1959---Defendant paid 3/4 instalments but could not pay further instalments due to financial conditions and for non-payment of instalments grant in his name was cancelled in 1965---Subsequently, land in question was re-granted to defendant in 1986---Plaintiff challenged re-grant of land to defendant on the ground that land in question was admittedly within 20 chains of established village and same could not be granted unless same was separated by a working canal---Revenue Authorities were competent to grant such lands to Haris for agricultural purposes which though lying within 20 chains of village were separated either by working watercourse or working water canal. Muhammad Yasin and others v. Wali Muhammad and others PLD 1983 Lah. 253; Abdul Hameed v. Ghulam Muhammad 1987 SCMR 1005; S. Zafar Ahmed v. Abdul Khaliq PLD 1964 (W.P.) Kar. 149 and Concise Oxford Dictionary ref. (b) Civil Procedure Code (V of 1908) ----O.XIV, R.1---Maintainability of suit---Non-framing of issue regarding maintainability of suit---Effect---Trial Court as also Appellate Court can give decision on maintainability of suit even without framing such issue---Appellate Court was, thus, within its powers while deciding that plaintiff had no locus standi or legal character to file suit. PLD 1983 Lah. 253 rel. (c) Civil Procedure Code (V of 1908)--- ----S.115---Revisional jurisdiction---Concurrent findings of two Courts below--­Validity---No misreading or non-reading of evidence or any other defect in exercise of jurisdiction by Courts below stood proved---No case was made out that Courts below had exercised jurisdiction not vested in them or that they had acted illegally or with material irregularity---Such case having not been made out, concurrent findings of Courts below, could not be interfered with by High Court while exercising its revisional jurisdiction---Findings recorded by Trial Court as also by Appellate Court were not perverse, irregular…

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