Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 135

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 135

Law: Azad Jammu and Kashmir Supreme Court Rules, 1978

Section: O.XLIII,R.5,O.XLVI,Rr.1,2

Law: Civil Procedure Code (V of 1908)

Section: 9,O.XLVII,R.1

(a) West Pakistan Land Revenue Act (XVII of 1967)------- S. 135---Civil Procedure Code (V of 1908), S.9---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration as owner in possession of shamilat deh land Jurisdiction of Civil Court and Revenue Officer---Scope---Revenue authorities had jurisdiction to work out share in such land according to holding of landowners in village or estate---Civil court having limited jurisdiction in respect of such land could not grant permanent injunction against all shareholders possessing land in village or estate---No specific share in such land could be declared to be in possession of any landowner in absence of its partition by Revenue Officer by metes and bounds---Declaratory decree in respect of such land, if granted, would be inter parties and would not be enforceable against other share-holders therein nor binding on revenue authorities. (b) Azad Jammu and Kashmir Supreme Court Rules, 1978--- ----O. XLVI, Rr. 1 & 2---Civil Procedure Code (V of 1908), O.XLVII, R.1---Review petition after final decision of appeal by Supreme Court---Maintainability---Review would be competent in case of error apparent on face of record, but would not be allowed for reappraisal of evidence or inquiry into facts or on ground that petitioner was not satisfied from . (c) Azad Jammu and Kashmir Supreme Court Rules, 1978--- ----O. XLIII, R. 5 & O.XLVI, Rr.1, 2---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.42 & 42-A(4)---Dismissal of review petition filed against passed in appeal by Supreme Court---Application under O.XLIII, R.5 of Azad Jammu and Kashmir Supreme Court Rules, 1978 for amendment of s passed in appeal and review petition---Maintainability---Azad Jammu and Kashmir Supreme Court Rules, 1978 would regulate practice and procedure of Court---Court during hearing of appeal, if felt necessary, might pass any order to meet ends of justice---Review petition had been dismissed on ground that in appeal was perfectly legal and was not suffering from any apparent error---Petitioner had made such application for rehearing of appeal after dismissal of his review petition---Supreme Court dismissed…

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