Law: Land Reforms Regulation, 1972

Section: 26

Law: Specific Relief Act, 1877

Section: 42

Law: Limitation Act, 1908

Section: 5

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Land Reforms Regulation, 1972 (MLR 115)--- ----Regln. 26---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider; whether High Court had overlooked to attend an important question namely jurisdiction of civil court was barred under S.26 of Land Reforms Regulation, 1972; whether courts below failed to attend the question that suit was barred by time and whether there was no sufficient evidence available on record to grant relief to respondents as was prayed for in the plaint. (b) Specific Relief Act (I of 1877)--- ----S.42---Limitation Act (IX of 1908), S.5---Civil Procedure Code (V of 1908), S.115---Declaration of title---Revision before High Court---Limitation---Concurrent findings of fact by the courts below---Plaintiff filed suit claiming right of tenancy from his forefathers, which ought be recognized and his name be entered in the column of tenancy to the extent of 5/6th share, as he had been in possession as tenant since his forefathers---Suit filed by plaintiff was dismissed by Trial Court and such and decree was maintained by Lower Appellate Court---Revision filed before High Court was dismissed as it was barred by limitation---Validity---Plaintiff did not challenge vires of Land Reforms Regulations, 1972---Revision before High Court was barred by time as provision of S.5 of Limitation Act, 1908, was not available while filing revision petition under Land Reforms Regulations, 1972---Supreme Court did not find any legal infirmity in the passed by High Court---Appeal was dismissed. JUDGMENT ABDUL HAMEED DOGAR, J.---This appeal with leave of this Court is directed against the judgment dated 5-7-1999 of the High Court of Balochistan, Quetta, whereby Civil Revision No.352 of 1998 filed by appellants was dismissed. 2. Briefly, stated the facts of the case are that disputed landed property was in the name of Khan of Kalat but after promulgation of Livid Reforms Regulation, 1972 it was assumed by the Provincial Government to be its owner and the Deputy Commissioner Kalat was recorded as its occupant. Subsequent thereto respondent filed a suit in the Court of Qazi to the effect that the land i.e.…

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