Law: Specific Relief Act, 1877

Section: 42

Law: West Pakistan Consolidation of Holdings Ordinance (VI of 1960)

Section: 26

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

Section: 172

Specific Relief Act (I of 1877)--- ----S. 42---West Pakistan Land Revenue Act (XVII of 1967), S.172---West Pakistan Consolidation of Holdings Ordinance (VI of 1960), S.26---Suit for declaration---Plaintiffs filed suit for declaration on the basis of decree of civil court passed in 1906 which determined and declared the shares of parties but consolidation authorities changed the shares of parties through mutations---Plaintiffs contended that consolidation authorities were not competent to change the shares declared/ determined by civil court---Trial Court decreed the suit---Defendant filed appeal which was dismissed by the Appellate Court---Defendantcontended that section 172 of West Pakistan Land Revenue Act, 1967 and section 26 of West Pakistan Consolidation of Holdings Ordinance, 1960 expressly barred jurisdiction of civil court in the present case and that the suit was barred by limitation; moreover, Revenue authorities were not impleaded despite being necessary parties---Validity---Revenue authorities had no power to act against the decree of civil court because plaintiffs' claim pertained to their share in the suit property declared by civil court in 1906---Dispute between the parties pertained to their share claimed on the basis of decree passed by civil court, therefore, invocation of section 26 of West Pakistan Consolidation of Holdings Ordinance, 1960 by defendant was misconceived---Defendant's contention that suit was time barred could not be sustained because entries in the Revenue Record had been made in violation of decree of civil court which alone had exclusive jurisdiction to entertain such intricate matter---Longstanding entries in Revenue Record could only be challenged in the civil court which had the exclusive jurisdiction to entertain such matters while revenue authorities had no jurisdiction under West Pakistan Land Revenue Act, 1967 to entertain complicated question (s) of law or fact(s)---Plaintiffs and defen-dants were co-sharers of large tracts of land; each co-sharer in those lands would be presumed as owner of each and every inch of the joint holding till the partition took place---Defendants and plaintiffs being co-sharers, period…

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