Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)--- ----S.172(2)(xviii)---Civil Procedure Code (V of 1908), S.9---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Joint agricultural land---Assertion of independent right in respect of land in possession of plaintiff on basis of an oral family partition/settlement---Validity---Burden to prove family settlement would heavily lie on plaintiff -- Mere such possession would not be sufficient to prove family settlement, if same was already under challenge before revenue authorities---Civil Court in cases of family partition of such land had no jurisdiction by virtue of S. 172(2)(xviii) of West Pakistan Land Revenue Act, 1967. JUDGMENT ATIR MAHMOOD, J.---Through this civil revision, the petitioners have impugned the judgment and decree dated 15-5-2009 passed by learned Additional District Judge, Ahmedpur East who accepted the appeal of respondents Nos.1 to 4 and set aside the judgment and decree dated 14-9-2006 passed by learned trial Court whereby the suit for declaration filed by the petitioners was decreed. 2. Brief facts of the case are that the petitioners filed a suit for declaration and permanent injunction regarding the property fully described in the head-note of the plaint with the averment that the petitioners are in possession of the suit property on the basis of family partition, therefore, the respondents be restrained from interfering with their possession. The suit was contested by respondents Nos.1 to 4 and 7 by filing written statements whereas respondents Nos.5 and 9 to 15 filed a conceding statement. Respondents Nos.6 and 8 were proceeded against ex parte. Out of divergent pleadings of the parties, the learned trial Court framed as many as five issues including that of relief. After recording oral as well as documentary evidence adduced by the parties, learned trial Court proceeded to decree the suit of the petitioners-plaintiffs vide judgment and decree dated 14-9-2006. Respondents Nos.1 to 4 feeling dissatisfied filed an appeal which was accepted by the learned lower appellate court and the judgment and decree dated 14-9-2006 passed by learned trial…

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