Citation Name: 2024 YLR 2303 PESHAWAR-HIGH-COURTBookmark this Case Mst. Sharif Zadgai vs Provincial Government through Secretary, Khyber Pakhtunkhwa Ss — 2024 YLR 2303 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 2303 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 2303 PESHAWAR-HIGH-COURTBookmark this Case Mst. Sharif Zadgai vs Provincial Government through Secretary, Khyber Pakhtunkhwa Ss
Subject matter: Criminal
Provisions referred to: Limitation Act (IX of 1908); Limitation Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 YLR 2303 PESHAWAR-HIGH-COURTBookmark this Case Mst. Sharif Zadgai VS Provincial Government through Secretary, Khyber Pakhtunkhwa Ss. 42 & 54--- Limitation Act (IX of 1908), First Sched., Art. 120---Suit for declaration and injunction--- Limitation--- Entries in revenue record--- Scope--- Petitioners / plaintiffs claimed to be owners of suit land and had assailed entries in revenue record---Trial Court and Lower Appellate Court concurrently dismissed suit and appeal filed by petitioners / plaintiffs--- Validity---Impugned entries in revenue record were made in the first ever settlement conducted in the District "S" in year 1981-86, whereas the same were challenged through present declaratory suit filed on 13-01-1999--- Limitation period for suit for declaration under Art. 120 of Limitation Act, 1908 was six years, therefore, suit of petitioners/plaintiffs was time barred--- Such entries in revenue record were not ordinary entries which were made periodically--- Entries were of the first ever settlement carried out in the area in year 1981-86, therefore, strong presumption of correctness and regularity was attached to such entries---In order to dislodge such entries, positive, convincing and confidence inspiring evidence was required, which was missing--- High Court declined to interfere in judgments and decrees passed by two Courts below, as the same were neither result of misreading and non-reading of evidence nor petitioners / plaintiffs could point-out any jurisdictional defect in the same--- Revision was dismissed in circumstances.

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