Case Details

Citation(s)
2006 SLG 2091 2006 SLD 2091 2006 CLC 776
Lahore High Court
Civil Revision No.750 of 2003, decision dated: 6-02-2006.
SYED SAKHI HUSSAIN BUKHARI, J

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JALAL and anothers

VS

PROVINCE OF PUNJAB through District Collector, Gujrat and 2 others

Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Limitation Act (X of 1908), S.5---Revision---Delay in filing of revision---Application for condonation of delay was dismissed---Validity---Petitioners in their. application asserted that they could not file revision within prescribed period due to unavoidable circumstances but they failed to give any plausible explanation in this regard for which petition deserved dismissal---Petitioners, on merits too, had no case as property in dispute was Shamlat Deh and was admittedly owned by owners of the village---School had been built on suit-land many years back and that land was reserved for residents of village---Petitioners themselves produced Jantri Taqseem Shamlat Deh which clearly showed that petitioners had already sold land which was more than their due share---Claim of petitioners being baseless was rightly dismissed by Courts below---No illegality or material irregularity having been found in impugned s, same did not call for any interference under revisional jurisdiction. Zafar Iqbal Chohan for Petitioners. Ch. Muhammad Suleman, Addl. A.-G. for Respondents. ORDER SYED SAKHI HUSSAIN BUKHARI, J.---This revision petition is directed against the judgment, dated 24-9-1999 passed by learned Additional District Judge, Gujrat whereby appeal brought by petitioners against the judgment and decree, dated 8-11-1995 passed by learned Civil Judge, Gujrat was dismissed. 2. Relevant facts for the disposal of this revision petition are that petitioners filed suit for declaration to the effect that suit-land (measuring 32 Kanals, Khasra Nos.319 and 449, Khewat No.159) is Shamlat Deh and they are in possession of the same as co-sharers and that Mutation No.2242 dated 20-12-1983 is illegal, void and ineffective qua their rights. The petitioners stated that Jalal, petitioner is in possession of land measuring 15 Kanals, 18 Marlas bearing Khasra No.319 whereas there is a school bearing Khasra No.449 (16 Kanals, 2 Marlas) and that defendants/respondents have no concern with the suit-land. They further stated that suit-land has not been partitioned so far and that Jalal, petitioner is in possession of Khasra No.319 as owner but in…
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