Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)--S. 45---Constitution of Pakistan (1973), Art. 185(3)---Plaintiff's/appellant's suit for possession of land in question, dismissed by all the Courts including the High Court---Validity---Plaintiffs claim was based on variation of entries of Revenue record---Actual area of Khasra number owned by plaintiff was 1 kanal 13 marlas---In later Jamabandi area of Khasra number in question, was entered as 10 kanals,15 marlas---Plaintiffs counsel could not explain accretion to the area whereas record was also silent about such accretion---Area of adjoining Khasra number, as per Jamaban3i for the specific year owned by Defendants/respondents had illegally been reduced by six kanals---Such ` reduction also remained unexplained---Entry appearing in Jamabandi for the specific year showing accretion relating to Khasra number in question, with regard to area in dispute had got to be discarded---Plaintiff's suit for possession of land in question, was thus, rightly dismissed by all the Courts below. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Question of fact---Question as to whether land in question belonged to plaintiff and was encroached upon by defendants/respondents being a question of fact, all the Courts below had returned a concurrent finding against plaintiff, who had failed to make out a case to justify interference with such finding by Supreme Court. JUDGMENT MUHAMMAD AFZAL LONE, J.-This is an appeal by leave to appeal by a plaintiff in a suit for possession which was dismissed by the trial Court. The appellant's first appeal failed and his revision before the High Court also met the same fate. The High Court's judgment is dated 11-10-1989, which has been called in question in this appeal. 2. The suit was for possession of land measuring 5 kanals, 2 marlas, situate in village Battal, Tehsil and District Manshera, allegedly encroached upon by the respondents. It formed part of Khasra No.1343 (old No.1177). In "Naqsha Tajawez", the site was allocated Khasra No.1343/1. According to the respondents, Khasra No.1343 belonging to the appellant had an area of measuring 1 kanal 13 marlas only, and that the land…

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