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

Section: 135(2)(5),172(1)(2)(xviii),150,141,53,14 5

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

Section: 135(2)(5),172(1)(2)(xviii),150,141,53,14 5

West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 135, 141 & 172---Suit for partition---Shamilat land---Jurisdiction of civil court---Plaintiffs who claimed themselves to be joint owners of suit-land filed suit in representative capacity, praying that suit-land be declared as joint property and be partitioned between the joint owners; so that they could be able to get their respective shares---Defendants resisted the suit claiming that from the last twenty years they were in possession of 1/4th of the suit-land, which devolved on them as their share during course of private partition---Defendants raised objection with regard to jurisdiction of the civil court to decide the matter---Plaintiff claimed relief of partition, but the parties were asserted to be the shareholders with no denial of title---Suit property which was shown to be jointly owned, not only by the parties to the suit, but by other shareholders was Shamilat---Relief of partition, in view of pleadings of the parties, could only be granted while adopting the mode and observing the procedure as provided in West Pakistan Land Revenue Act, 1967---Party interested in partition of his share in suit property, had to make an application for partition of the land to a Revenue Officer as per provisions of S.135 of West Pakistan Land Revenue Act, 1967---Section 141 of West Pakistan Land Revenue Act, 1967 had described the procedure for disposal of the questions as to the title in the property---Matters pertaining to partition of landed property, exclusively vested with Revenue Officer, in circumstances; and complete bar on jurisdiction of civil courts as provided in S.172 of West Pakistan Land Revenue Act, 1967 would be in the way---Question of title during course of partition, could only be decided by a civil court under provisions of S.145 of West Pakistan Land Revenue Act, 1967, otherwise it lacked jurisdiction in the matter---Trial/civil court, in circumstances had no jurisdiction in the matter---Judgment and decree passed by Majlis-e-Shoora/Trial Court, having no legal effect, were set aside and suit filed by the plaintiffs was dismissed. Ghulam Hussain v. Khan Muhammad PLD 1954 Lah. 655 ref.…

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