Muhammad Hakim vs Taj Bahadur Khan S — 2025 YLR 1017 PESHAWAR-HIGH-COURT

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Muhammad Hakim VS Taj Bahadur Khan S. 10---Specific Relief act (I of 1877), S. 42---Suit for declaration---Res judicata, doctrine of---Scope---Claim of the plaintiffs (two in number) was concurrently dismissed on the ground that the matter regarding suit-property was already settled by the Court of competent jurisdiction---Validity---It transpired from the record that against the present petitioners / plaintiffs (cited as defendants Nos. 27 and 26 respectively in previous suit), present respondents / defendants had earlier filed a suit for declaration that they were having a right to graze their cattle in the suit property according to the Wajb-ul-arz and entries in the revenue record mentioning the suit-property as Khud Kasht were wrong---Said dispute had already been decided and had attained finality; but the present petitioners / plaintiffs ( who were then defendants Nos. 26 and 27) again brought the same matter before the court by challenging the entries of Wajib-ul-arz being Dhaka Charagah rather than Dhaka Rakh---Suit-property was Dhaka Charagah and not Dhaka Rakh and the entries pertaining to Khud Kasht were wrong which were rightly corrected by the court --- Perusal of the previous litigation revealed that the entries to the extent of Khud Kasht in the revenue record qua khasra number 983 was challenged claiming it to be Dhaka Charagah which had already culminated into a decree in favour of the present respondents / defendants, therefore, the matter-in-issue, the parties, cause of action and parties in both the suits were the same which had been finally adjudicated and decided upon by the court of competent jurisdiction and was hit by the principle of res judicata and could not be re-opened---Petitioners failed to point out any illegality or irregularity in the impugned findings of the Courts below warranting interference of the High Court in limited revisional jurisdiction---Revision, being merit-less, was dismissed.

Muhammad Hakim vs Taj Bahadur Khan S — 2025 YLR 1017 PESHAWAR-HIGH-COURT

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