The blog is made for legal help of people un ko sikhane ke liye thane or Courts main, court marriage .khula, illegal Arrest applications. Banking Court Consumer court, Nadra divorce certificate, and all other courts are .you can call or WhatsApp )0092-324-4010279 to ask, subscribe our youtube channel. Email subscribe to send you law information and follow us.we will reply your every question. share our posts . our main goal provide information to people to end injustice
10/30/2024
12/2 | New claim after 12/2. The High Court declared that all objections and issues of rights relating to ownership and possession of the property shall be resolved through writ petitions and objections instead of filing separate suits. 2024 C L C 340
Revenue case in civil | The Sindh High Court held that the civil courts were not completely barred from hearing matters relating to the ownership of agricultural land. A civil court has the power to confirm a person's share or ownership of agricultural land, especially when a father's inheritance is sought. The High Court held that there is no statute barring the interference of civil courts altogether in agricultural land matters and rightly allowed the suit of the plaintiff. 2024 C L C 311
2024 C L C 311
[Sindh (Larkana Bench)]
Before Arbab Ali Hakro, J
REHMATULLAH and others----Applicants
Versus
INAYAT KHOSO and others----Respondents
Civil Revision No.S-42 of 2022, decided on 11th May, 2023.
(a) Sindh Land Revenue Act (XVII of 1967)---
----S.172---Jurisdiction of Civil Court---Scope---Dispute over ownership of agriculture land---There was no complete bar against civil Courts to entertain matters relating to agriculture land dispute---Sindh Land Revenue Act, 1967 ('Act') did not prohibit the Civil Court from determining the title of the plaintiff/respondent No. 1 to all land held jointly or from granting a declaration of joint ownership in disputed agricultural land---Plaintiff/respondent No. 1 was seeking relief for declaration regarding his share to the extent of 14-00 Acres from the suit land being the son of deceased and partition and separate possession of his share from the suit land---Applicants had denied his share in the suit land and refused to give him a share of the produce, therefore, the provisions of the Act did not support the disputation of the applicants that the suit of respondent No. 1 was barred---Apparently, Revenue Courts did not confer jurisdiction in partition proceedings where question of title was involved amongst the parties as envisaged in the provision of the Act---Suit of the respondent No. 1 was rightly decreed---Revision petition was accordingly dismissed.
Nazir Ahmad and another v. Maula Bakhsh 1987 SCMR 61 and Messrs Sui Northern Gas Pipelines Limited (SNGPL) v. Messrs Noor CNG Filling Station 2022 SCMR 1501 rel.
(b) Specific Relief Act (I of 1877)---
----Ss. 8 & 42---Suit for declaration and partition---Gift/hiba---
Noor Muhammad and others v. Allah Ditta and others PLD 2009 SC 198; Khamiso Khan and 6 others v. Jamaluddin 2015 MLD 356; Qamar Sultan and others v. Mst.Bibi Sufaidan and others 2012 SCMR 695; Jamaluddin and 3 others vs. Haji Gul Khan and 6 others 2012 CLC 353; Irshad alias Abdul Rahim and 2 others v. Ashiq Hussain PLD 2007 Kar. 421; Naveed Ahmad v. Iqbal Begum and others 2006 YLR 2341 and Syed Musarrat Shah and another v. Syed Ahmed Shah alias Lal Bacha and 8 others PLD 2012 Pesh. 151 ref.
Mst. Parveen (Deceased) through LRs v. Muhammad Pervaiz and others 2022 SCMR 64 ref.
(c) Civil Procedure Code (V of 1908)---
----S.115---Revisional jurisdiction---Concurrent findings---Scope---Concurrent findings of two courts below supporting all a preponderance of claims were not to be interfered in revisional jurisdiction, unless extraordinary circumstances were demonstrated by the applicants---Revisional Court did not sit in reappraisal of the evidence and was thus distinguishable from a Court of the appellate jurisdiction.
Waqar Ahmed Chandio for Applicants.
Rajesh Naraindas D. Kapoor for Respondent No.1.
Abdul Waris Bhutto, Assistant Advocate General for Respondents Nos.2 and 3.
Featured Post
Court marriage karne ka tareeka | court marriage process in Pakistan.
What is the Court marriage meaning Court marriage typically refers to a legal union between two individuals that takes place in a co...
-
Inheritance properties distribution What is the new law of inheritance in Pakistan? As o. Here are some key points regarding inheritance ...
-
How to enforce section 144 "Dafa 144" is a term used in Pakistan to refer to Section 144 of the Criminal Procedure Code. When aut...
-
Custody procedure of kids through court PLD 2023 Lahore 433 Constitutional petition against an order passed under S. 12 of the Guardian...