Law: Azad Jammu and Kashmir Land Revenue Act, 1967

Section: 141,147

Azad Jammu and Kashmir Land Revenue Act (XVII of 1967)--- ----Ss. 141 & 147---Private partition---Scope---Suit for declaration was instituted during pendency of petition for partition of land before Revenue Officer---Plaint was rejected on the ground that suit was not maintainable---Validity---Partition proceedings before the Revenue Court were pending with regard to suit property---Revenue Court was not only vested with the power of partition but question of title could also be determined by Revenue Officer as a Civil Court or same might be referred to the Civil Court---Partition privately effected, was subject to affirmation by the Revenue Officer---Any of the parties might approach the Revenue Officer for affirmation of such partition---Petition was dismissed by the Supreme Court in circumstances. THIS ORDER PASSED BY: CH. MUHAMMAD IBRAHIM ZIA, CHIEF JUSTICE:---.--- This petition for leave to appeal has been filed from the judgment of the High Court dated 29-03-2017, whereby appeal filed by the petitioners herein, has been dismissed. 2. Precise facts of the case are that the plaintiffs-petitioners, herein, filed a suit for declaration and perpetual injunction against the defendants-respondents, herein, in Civil Court No. II, Muzaffarabad on 07.08.2012. It was averred in the plaint that plaintiff No. 1 and defendant No. 1 are real brothers and the other plaintiffs and defendants are real uncle and nephew. It was claimed that the land left over by Syed Asghar Ali Shah was divided in his life time between the parties through family settlement dated 30.05.1988. All the co-shares are in possession of the land on the basis of aforesaid family settlement. It was claimed that father of plaintiffs Nos.2 to 8 has died and now defendant No. 1 has created a dispute regarding family settlement and filed an application for partition before the Revenue Assistant Muzaffarabad. The suit was contested by the defendants on the ground that family settlement has no legal value and land has to be divided by the Revenue Assistant among the co-shares. On 14.12.2013 an application was filed by the defendants under Order VII, Rule 11, C.P.C., stating therein that the Civil Court…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492