Law:

Section:

Keywords: Possession, Unlawful, Determination, Costs, Suit For Possession, Government, Non-Reading Of Evidence, Parties, Proceedings, Order, Cause Of Action, Appeal And Revision, Revenue Record, Impugned Judgment, Evidence, Patwari, Confirmation, Rebuttal, Encroachment, Land, Objections, Satisfaction, Necessary Parties, Property, Examination, Plea, Joinder, Adverse Possession, Procedure, Consent, Irrigation, Petition, Dispute JUDGMENT WALI MUHAMMAD KHAN, J.- Muhammad Khan alias Aan, plaintiff/respondent herein filed suit for possession of the suit land measuring 1 kanal 9 marlas out of several khasra numbers described in the heading of the plaint, against Government of N.W.F.P, through Deputy Commissioner and others, defendants/petitioners herein, claiming to be the owner of the suit property and the possession of the defendants/petitioners over the suit land being unlawful on account of encroachment through "Banna Shakni." The defendants/petitioners contested the suit and in their written statement controverted the allegations of the plaintiff/respondent in toto, besides raising certain preliminary objections with regard to the limitation, estoppel, lack of cause of action, non-joinder of necessary parties and also prescriptive title on the basis of adverse possession for more than l2 years. Necessary issues in the case were framed and the parties led evidence, pro and contra thereon. During the course of the proceedings it transpired that the demarcation carried out by Gul Aslam Khan, Girdawar Circle (PW2) was in the absence of the defendants/petitioners and consequently the learned trial Judge considered it proper to appoint a local commissioner, well versed in demarcation for re-demarcating the suit land and the adjoinings one in the presence of the parties. Accordingly Muhammad Din, Girdawar Circle (C.W.1) was appointed as a Local Commissioner vide order dated 28/11/1983 with the consent of the parties and directed to carry out fresh demarcation of the suit land in their presence. He inspected the spot and made demarcation in the presence of the plaintiff/respondent, Khanzada Khan, Girdawar Irrigation and the Patwari Halqa and submitted his detailed report…

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