Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,S.9,115

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 & S. 9---Specific Relief Act (I of 1877), S. 42---Proceedings conducted by the revenue authorities with regard to demarcation/partition---Suit for declaration---Rejection of plaint---Scope---Plaintiff had assailed the validity of proceedings conducted by the revenue authorities with regard to demarcation/partition of suit property and order passed by the Tehsildar---Plaintiff had already availed the remedy of appeal before the revenue hierarchy---Civil courts were considered as courts of ultimate jurisdiction and they could adjudge veracity of order passed by the revenue authorities irrespective of availability of remedy of appeal or revision before higher forum but when a person had chosen to avail the remedy of appeal/revision in accordance with law then he could not be allowed to invoke the jurisdiction of civil court simultaneously against the same order---Both the plaintiff and defendant were co-sharers in the suit property and civil court was not competent to render decree in favour of plaintiff declaring that he was exclusive owner of the same as until and unless property was formally partitioned every co-sharer was considered as owner of every inch of the land---No mis-reading or non-reading of evidence was pointed out in the impugned orders passed by the courts below---Revision was dismissed in circumstances and Deputy District Officer Revenue was directed to decide the matter pending before him within a period of three months. Province of Punjab through Collector District Khushab Jauharabad and others v. Haji Yaqoob Khan and others 2007 SCMR 554; Sher Muhammad v. Muhammad and others 2006 PSC 516; Ghulam Ali v. Asmat Ullah and another 1990 SCMR 1630; Mehram Khan and others v. Fateh Khan and others 1983 SCMR 366; Mir Liaq Khan v. Sarfraz Khan 2013 MLD 1449; Dr. Jalal Khan v. Qazi Naseer Ahmed and 6 others 2005 MLD 814; Pervez Ahmad Khan Burki and 3 others v. Assistant Commissioner, Lahore Cantt. and 2 others PLD 1991 Lah. 31; Abdul Khaliq (deceased) through L.Rs. and others v. Ch. Rehmat Ali (deceased) through L.Rs. and others 2012 SCMR 508 and Administrator, Thal Development through LACO…

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