Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 44, 45 & 53---Civil Procedure Code (V of 1908), O.XVII, R.3--­Correction in Khasra Girdawri---Suit for declaration---Assistant Commissioner Revenue having directed for correction in Khasra Girdawari; plaintiffs had challenged such direction in the suit--­Defendants, though filed written statement, but failed to produce evidence in proof of their respective claims despite many opportunities, including last opportunity, was given to them and their defence was struck off finally---Both Courts below had fairly attended to each and every aspect of the case and had made appraisal of evidence in a proper legal manner---No misreading or non-reading of Revenue Record had been pointed out---Defendants were guilty of approbation and reprobation by taking inconsistent pleas as in the first instance they took the plea that they had inherited the property, but thereafter they pleaded that it was purchased by them---Both pleas of defendants were self-­clashing---Revenue Record and other evidence had fully supported case of plaintiffs establishing their title over the suit property---No exception could be taken to findings recorded by two Courts below. Javed A. Khan for Petitioners. Gul Sadbar for Respondents. ORDER This petition calls into question judgments and decrees dated 18-1-2003 and dated 16-2-2004 of the learned Senior Civil Judge and that of learned Additional District Judge, Charsadda decreeing suit of the respondents-plaintiffs of declaration with consequential relief. Arguments heard record perused. 2. Suit filed by the respondents-plaintiffs regarding suit-land area 21 Kanals, 3 Marlas described in the plaint in which the order, dated 7-1-1999 passed by Assistant Commissioner Revenue Charsadda directing correction in the Khasra Girdawari was also challenged. Initially suit was resisted through written statement whereafter petitioners did not vigilantly pursued the matter and its such conduct is fully reflected in the order sheets of the trial Court. Despite of last opportunity given petitioners failed to produce evidence thus, its defence was struck off under Order XVII, rule 3, C.P.C. Appeal filed…

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