MUHAMMAD ISHAQ vs FIDA MUHAMMAD S — 2025 CLC 864 PESHAWAR-HIGH-COURT

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MUHAMMAD ISHAQ VS FIDA MUHAMMAD S. 12---Suit for possession---Proceedings of Revenue Officer, non-challenging of---Effect ---Order attaining finality---Claim of the plaintiff was that he was owner in possession of the suit-property and that the defendant had illegally encroached to the extent of 08 marlas in the suit- property as per report of Girdawar Circle---Defendant filed revision as the Appelate/District Court allowed appeal filed by the plaintiff setting aside the dismissal order---Validity---Record reflected that the respondent/plaintiff moved an application to the concerned Assistant Commissioner Revenue for conducting demarcation of land and the said application was marked to the Tehsildar, for disposal, who deputed Girdawar Circle and report was submitted whereby property measuring 08 marlas was found encroached upon by the adjacent owner (the petitioner/defendant)---Tehsildar, on receiving the said report while disposing the application , directed the respondent/plaintiff to get possession of the encroached area through competent court---Record further depicted that the said order of the Tehsildar was never challenged before the revenue hierarchy which had now attained finality---Duly exhibited report of the Girdawar obviously showed that an area measuring 08 marlas was encroached by the petitioner/defendant and the said report was never challenged before the revenue hierarchy---Besides, the petitioner/defendant did not file any objection while proceedings were being conducted and had failed to file any appeal, revision etc. provided under the Land Revenue Act, 1967, against the order passed by the Tehsildar, therefore, the same attained finality---Furthermore, the exhibited report of demarcation proceedings reflected that the parties were present at the relevant time, however, the report was not questioned by filing any objection or appeal/revision, therefore, the same had been admitted as correct and the said order would be considered as final---Hence, the findings of the Appellate Court were well reasoned---Petitioner had failed to point out any illegality or irregularity committed by the Appeal Court while passing the impugned judgment warranting interference by the High Court in its revisional jurisdiction---Revision petition, being meritless, was dismissed, in circumstances.

MUHAMMAD ISHAQ vs FIDA MUHAMMAD S — 2025 CLC 864 PESHAWAR-HIGH-COURT

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