2025 PLP 864 (CLC)

MUHAMMAD FAHEEM WALI, J.

This revision petition is directed against the judgment and decree dated 14.05.2018, passed by the learned Additional District Judge-V, Haripur, whereby appeal filed by the petitioner against the Judgment and decree dated 12.12.2015 passed by the learned Civil Judge-VI, Haripur was accepted.

2. Brief facts of the case are that respondent/plaintiff instituted a civil suit against the petitioner/defendant for possession of suit land Khasra Nos.88 and 89 situated in Mauza Alooli, Haripur, wherein he alleged that he is owner in possession of the property in question, whereas the petitioner/ defendant has illegally encroached to the extent of 08 marlas in the suit property as per report of Girdawar Circle. The respondent/ plaintiff further alleged that he had filed civil suit bearing No.25/1 but since it was filed without demarcation, hence, has been dismissed. The petitioner/defendant has illegally encroached and possessed the property in question and is liable to be dispossessed. The petitioner/defendant appeared before the learned trial court and contested the suit by filing his written statement. The learned trial court after framing issues, recording evidence and hearing arguments of learned counsel for the parties vide judgment and decree dated 12.12.2015 dismissed the suit of the respondent/plaintiff. Not contented with the same, the respondent/plaintiff filed an appeal before the learned Additional District Judge-V, Haripur, which was accepted vide judgment and decree dated 14.05.2018, hence, the instant revision petition.

3. Arguments heard and record gone through.

4. The available record reflects that the respondent/plaintiff namely Fida Muhammad moved an application to the Additional Assistant Commissioner Revenue, Haripur for conducting demarcation of land bearing Khasra Nos.88 and 89 situated in Mauza Alooli Tehsil and District Haripur and the said application was marked to the Tehsildar, Haripur for disposal. The Revenue Officer in consequence of said application deputed Girdawar Circle and report was submitted whereby property measuring 08 marlas was found encroached by the adjacent owner namely Muhammad Ishaq (the present petitioner/defendant). The Tehsildar, Haripur on receiving the said report vide order dated 09.10.2013 while disposing the application directed the respondent/plaintiff to get possession of the encroached area through competent court and application was consigned to record room. The record further depicts that the abovementioned order of the Tehsildar, Haripur was never challenged before the revenue hierarchy which has now got finality. The report Ex:PW2/2 of the Girdawar obviously shows 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 has failed to file any appeal, revision etc provided under the Land Revenue Act against the order passed by the Tehsildar, Haripur, therefore, the same attained finality. Furthermore, the report (Ex:PW2/2) of demarcation proceedings reflects 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 has been admitted as correct and the said order would be considered as final. Hence, findings of the learned appeal court are well reasoned. The learned counsel for the petitioner has failed to point out any illegality or irregularity committed by the learned appeal court while passing the impugned judgment and judgment that warrants interference by this court in its revisional jurisdiction.

5. In light of what has been discussed above, this revision petition has been found to be meritless and same is accordingly dismissed. MQ/160/P Revision dismissed.