Law:

Section:

(a) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)----- -----S. 42-----Shamilat deh land, sale of-----Hissadar owner-----Revenue Officer, responsibility of-----Column of cultivation-----Column of ownership-----Shart Wajib-ul-Arz-----Scope-----Owners recorded in column of cultivation as "Hissadar in Shamilat deh" could only transfer property to the extent of their share and not more than that-----All the owners of the revenue estate had right in Shamilat deh-----Vendor could not transfer a better title than that he possessed at the time of transfer-----No restriction could be imposed on the sale of Shamilat land or share in the same-----Revenue Officer had to ensure that the sale had not exceeded vendor's share-----Purchasers who had acquired land in column of cultivation as "Hissadar" could not be treated as owners in partition proceedings and they could not be paid compensation amount in acquisition process-----Wajib-ul-Arz had presumption of truth-----Shamilat land could be partitioned if majority of original owners Khewatdar had sought partition of the property owned by them on the basis of 'Maliya' paid by them-----Name of such ownership would automatically be removed from the column of ownership-----High Court issued directions to be followed by Provincial Government/ Senior Member Board of Revenue in their letter and spirit with immediate effect and submit the compliance report to the High Court. Muhammad Muzaffar Khan v. Muhammad Yousaf Khan PLD 1959 SC 9; Kala Khan v. Shah Hussain 1983 CLC 684 and PLD 1993 SC (AJ&K) 4 rel. (b) Partition Act (IV of 1893)----- -----S. 4-----Partial partition-----Scope-----Partial partition not to be allowed and entire properties be included in the application irrespective of possession of properties-----Partition proceedings were an application simple to get the property partitioned and same could not be treated as "suit". (c) Words and phrases----- -----'Ownership'-----Meaning. Salmond on jurisprudence; Austin and Holland rel. (d) Words and phrases----- -----'Shamilat land'-----Meaning (e) Words and phrases----- -----'Ala Malik'-----Meaning. (f) Words and phrases----- -----'Adna Malik'-----Meaning. (g) Words and…

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