Case Details

Citation(s)
1997 SLG 623 1997 SLD 623 1997 CLC 423
Peshawar High Court
Civil Revision Nos.78 of 1991, decision dated: 2-05-1995
MIAN MUHAMMAD AJMAL, J
Syed Mehmood Hussain Shah for Petitioner. Khalid Rehman Qureshi for
Respondent

SHAUKAT ZAMAN KHAN and others

VS

KARAM DIN

Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)-------S.52---Civil Procedure Code (V of 1908), S.115---Right of grazing in land in question---Entitlement---Right of grazing had been persistently recorded in Wajib-ul-Arz of 1872, 1904-1905, 1946-1947 and 1965-1966, wherein it was stated that "Chiragah" was open to people of village for grazing of their cattle--­Presumption of correctness was attached to such entries---Right claimed by plaintiff was embodied in all Wajib-ul-Arz and no change was made in so far as right of grazing cattle by inhabitants of village in land in question, was concerned--Entries in Wajib-ul-Arz reflected unanimous will of the community to which presumption of correctness was attached, therefore, it could be inferred that community did not wish to bring about any change in the right of grazing of cattle by the people of locality---Entries in Revenue Record that properties in question were "Khud Kasht" were not supported by other entries in the Record which were recorded as "Dhaka Rakh' and "Dhaka Chiragah" and the same had never been cultivable land---Judgment of Appellate Court to that effect being well-reasoned and well-founded was maintained in circumstances. JUDGMENT Through this judgment I propose to dispose of C.R. No.78/91 (Shaukat Zaman v. Karam Din) C.R. No. 79/91 (Mst. Dure Shahwar v. Siddique Khan) and C.R. No.80/91 (Mst Sure-e-Shahwar v. Allahdad) as the question of law and facts in all the civil revisions is the same. 2. The abovementioned revision petitions are directed against the separate judgments and decrees of the learned Additional District Judge, Haripur all dated 5-3-1991 whereby the appeals of the plaintiff-respondents were accepted and they were granted decrees for declaration that they have the right to graze their cattle in the suit properties and the petitioner-defendants were restrained to interfere in the aforesaid rights of the respondents and the entries in the Revenue Record representing the suit properties as ' Khud Kasht' were also declared to be wrong and ineffective against the rights of the plaintiff-respondents. 3. The plaintiffs filed three suits for declaration that they have the right to graze their…
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