' QALANDAR ALI KHAN, J.---The appellant/plaintiff, Biradar Khan, had lodged suit for recovery of Rs.096360000/- as compensation for acquisition of land bearing Khasra Nos. 784, 786, 791, 792 and 793 measuring 219 Kanals situated in Jallozai Maira, along with 15 % acquisition charges, against the University of Engineering Peshawar, through Vice Chancellor University (respondent No.1) and Collector Land Acquisition Nowshera (respondent No.2). While claiming ownership of the land in question, the appellant/plaintiff prayed for recovery of compensation for acquisition of the land by the respondents. The suit was, however, dismissed under Order VII, Rule 11, C.P.C. Vide order of learned Civil Judge-VI, Nowshera dated 07.02.2012 on the grounds that;
(i) Appellant/plaintiff was precluded from institution of fresh suit in respect of the subject matter under Order XXIII, Rule 3, C . P. C . ;
(ii) The disputed Khasra numbers had been acquired in the year 1993 by Engineering University Peshawar while suit for recovery of compensation was filed in the year 2010, after lapse of 17 years, hence barred under law of limitation providing period of three years for a suit of recovery; and
(iii) The appellant/plaintiff failed to prove his ownership in the Khasra numbers, therefore, he had no locus standi to file the suit.
2. The appellant/plaintiff has preferred this appeal, inter alia, on the grounds that order of the learned Civil Judge-VI Nowshera is suffering from misreading and non-reading of evidence; that the impugned order was based on presumptions, surmises and conjectures; and that the impugned order was result of non-application of judicial mind to the facts of the case and relevant law.
3. The perusal of record would reveal that, undoubtedly, this is not the first suit by appellant/plaintiff, rather the latest suit in the series of suits on the subject in respect of the same land or part thereof acquired for respondent No.1 by respondent No.2. The record would show that earlier suit of the appellant/plaintiff lodged for recovery lf Rs.25,00000/- as compensation for Khasra No.784, measuring 56 Kanals 19 Marlas, acquired by the respondents was conditionally withdrawn with permission to file a fresh suit vide order of the learned Civil Judge-I, Nowshera dated 15.05.2001; and fresh suit was also lodged in respect of the same khasra number, but the latter suit was withdrawn unconditionally and dismissed as withdrawn vide order of the learned Civil Judge Nowshera dated 18.03.2002. It may be noted here that the same khasra No.784 is also part of five khasra numbers in respect whereof the latest suit was lodged. Therefore, the suit was barred under Order XXIII, Rule 1 (23), C.P.C. On the ground of unconditional withdrawal of the earlier suit, as well as under Order II, Rule 2(2), C.P.C. For relinquishing the remaining 4 Khasra numbers by the appellant/plaintiff in the previous suit. Likewise, the land was, admittedly, acquired vide Award dated 30.11.1992, therefore, a suit for recovery of compensation in respect of the award lodged on 14.10.2010 was hopelessly time barred under the law of limitation, besides being falling outside the jurisdiction of a Civil Court for being a dispute related to acquisition of land falling within the ambit of Land Acquisition Act.
4. All the above facts were properly taken into consideration by the learned Civil Judge-VI, Nowshera; but he dismissed the suit instead of rejection of plaint under Order VII, Rule 11, C.P.C., Therefore, with modification of rejection of the plaint under Order VII, Rule 11, C.P.C., the impugned order dated 07.02.2012 is upheld. Resultantly, the appeal is dismissed, and plaint in the suit stands rejected under Order VII, Rule 11, C . P.C.