Case Details

Citation(s)
2007 SLG 2612 2007 SLD 2612 2007 CLC 1391
Lahore High Court
Civil Revisions Nos.244/D and 245 of 2000, heard on 1st February, 2007.
MAULVI ANWARUL HAQ, J

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KARAMAT HUSSAIN and otherss

VS

NATHO KHAN and others

Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 39 & 42---Specific Relief Act (I of 1877), S.42---Revenue record, correction of---Uncultivable land of Shamlat---Entitlement---Suit land was included in Shamlat Deh and plaintiffs claimed their entitlement to same on the ground of .being in cultivating possession---Revenue Authorities made correction. in Khasra Girdawari and entered the names of defendants in column of possession as they were the owners in Deh---Trial Court as well as Appellate Court decreed the suit and dismissed the appeal respectively---Validity---Uncultivable, common land had to be recorded in possession of owners, therefore, entries were lawfully corrected by Revenue Authorities---Once it was found that entries were unlawfully changed it would be deemed that old entries would continue---Lower Courts, on the face of evidence, acted without lawful authority while passing the s and decrees---High Court, in exercise of revisional jurisdiction, set aside the s and decrees passed by bout the Courts below and dismissed the suit riled by plaintiff---Revision was allowed in circumstances. Misri through legal heirs and others v. Muhammad Sharif and others 1997 SCMR 338 and Gul Khan v. Said Hassan Shah and others PLD 1968 Pesh. 148 ref. Raja Amir Akbar for Petitioners. Manzoor Ahmad Rana for Respondents Nos.1-A to 1-F and 19. Date of hearing: 1st February, 2007. JUDGMENT MAULVI ANWARUL HAQ, J.--- Since common questions are involved, this judgment will be deciding Civil Revisions Nos.244 and 245 of 2000. 2. On 18-3-1984 and 25-1-1984 respectively, respondent No.1 in each of the cases filed suits against the petitioners and the other respondents. It was stated in the plaint that Nathu Khan, respondent No.1, is in cultivating possessing of Khasra No.2107-Min measuring 10 Kanals in the Shamlat, while Barkat Ali respondent No.1, in the other case; is in cultivating possession of Khasra No.2107-Min measuring 20 Kanals and Khasra No.2313-Min measuring 26 Kanals in the same Shamlat in Village Mohri Kathreel, Tehsil Gujjar Khan, as per entries in the Register Haqdaran Zameen for the year 1978-79. Both of them felt aggrieved of correction of the said…
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