1. ' FAZAL ILAHI KHAN, J.---Leave to appeal is prayed for in this petition against the judgment of learned Peshawar High Court, Peshawar, dated 15th September, 1993 in Civil Revision No, 147 of 1988.
2. ' Nawabzada Col. Muhammad Khalid Khan now deceased and represented by his L.R. Respondent herein, brought Suit No, 266/1 against the petitioner in the Court of Civil Judge, Mardan on 16-9- 1985 for declaration to the effect that he was the owner in possession of the suit land measuring 7 Kanals 1 Marla bearing Khasra No, 1330 situated in Mauza Bagh-i-Aram, Mardan and that petitioner/defendant had no interest in it. That Mutation No,4560 attested on 5-7-1979, whereby petitioner No, 1 gifted the suit land in favour of petitioner No, 2, was collusive and fraudulent hence ineffective on his rights.
3. ' Petitioners contested the suit and after framing of issues and recording of evidence of both the parties the suit was decreed by the trial Judge on 1-12-1986. The petitioners' appeal against the judgment and decree was accepted by the learned District Judge, the judgment and decree of the trial Judge was set aside and the respondents/plaintiffs suit was dismissed. However, the respondent/plaintiffs petition against the judgment of the learned District Judge was accepted by the learned High Court. The judgment and decree of the trial Court was restored.
4. ' We have heard the learned counsel for the petitioners in support of the petition and have gone through the record.
5. ' The revenue record which is most relevant in the context of the present dispute has been placed on file in which the suit Khasra number is shown as Shamilat Deh and Hissadari possession of Nawab Muhammad Akbar Khan, the predecessor-in-interest of the respondents, in the Settlement Record of 1925-26. This entry is repeated in the subsequent Jamabandis of the years 1931-32, 1935- 36, 1939-40, 1943-44, 1950-51, 1958-59 and 1962-63. For the first time in the year 1966-67 it was shown as "Banjar Qadeem" in the column of possession and then all of a sudden in the subsequent Jamabandi for the year 1970-71 Abdul Razzaq petitioner is shown in possession in the relevant column of possession though the nature- of the land was still "Banjar Qadeem". Making such entry the basis of his title and possession the impugned gift mutation was got entered and attested in the culumn of cultivation. The learned counsel for the petitioners was unable to explain the manner in which the long-standing possession of the respondent was disturbed specially keeping in view the nature of the land as "Banjar Qadeem" and that too brought in the record for the first time before the said mutation. It may be pointed out that the entire land in the previous revenue record referred to above was shown under Abadi which was subsequently reduced to 3 Kanals and thereafter to 2 Kanals as Ghair Mumkin Abadi in possession of the respondent i,e. The heirs of Muhammad Akbar Khan. The learned District Judge non-suited the petitioner on the ground that the suit was barred by time as the entries alleged to be wrong were not challenged in time, ignoring the fact that the land is Shamilat and was "Banjar Qadeem" during the period when petitioner's name was brought in the record for the first time in 1970-71 without any justifiable ground.
6. ' Such being the case we find no infirmity in the judgment of the learned High Court and dismiss the petition.