KARIM HAYAT KHAN vs MUHAMMAD RAFIQ AND 11 Other — 1970 SCMR 382

Citation: 1970 SCMR 382

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-02

Parties: KARIM HAYAT KHAN vs MUHAMMAD RAFIQ AND 11 Other

Headnotes

Case cited as 1970 SCMR 382

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: KARIM HAYAT KHAN vs MUHAMMAD RAFIQ AND 11 Other Case No.: Civil Petition for Special Leave to Appeal No. 327 of 1969 Date of Judgment:1970-03-02 Reported As: 1970 SCMR 382 Result: Petition dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-This petition for special leave to appeal is directed against the decision of a learned Single Judge of the High Court, Lahore Seat, made in second appeal upholding the decree made by the Courts below in favour of the respondents in a suit brought by them under section 45 of the Punjab Land Revenue Act, for a declaration that the entries in the Record-of --Rights for the year 1956-57 and in the subsequent girdawari of 1958 showing the petitioner as in possession of the land measuring 109 kanals, 17 marlas, comprised in Khasra No. 1765 in the revenue estate of Kotha Kalan, were not correct. The land in question is admittedly a part of the Shamlat land which was unbroken and described as "Ghair Mumkin Gar" in the revenue papers and was shown to be "Maqbooza Malkan Deh", prior to the impugned entry in the "Misal-i-Haqiat" of 1956-57. According to the petitioner, an area of 700 kanals of Shamlat land was acquired by him by purchase from different proprietors. The Courts below have held that none of the vendors of the petitioner was in possession of any part of the Shamlat land comprised in Khasra No. 1765 and that the impugned entry in the "Misal-i-Haqiat" of…

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