Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 8---Land Revenue Act (XVII of 1967), Ss.172 & 53---Suit for declaration and possession---Main-tainability---Correction of entries in the revenue record---Suit was dismissed on the ground that Civil Court had no jurisdiction under S. 172 of Land Revenue, 1967---Validity---Neither the contents of plaint had been discussed nor the nature of suit and the relief prayed for had been considered by the courts below---Suit had been dismissed merely confining the same to the extent of correction of revenue record which was not a proper course of law---Courts below could have properly appreciated the averments of the plaint as a whole and thereafter draw the proper conclusion---Plaintiff had attributed some acts of tampering with record to the officials of revenue department and had also prayed for declaratory decree as well as decree for possession---Suit could not be dismissed merely on the ground that one of the remedy prayed for in the plaint could not be granted while ignoring the others---Matter of remedies had to be resolved by the Trial Court at the time of final disposal of suit as to which of the remedy had to be granted or refused---Suit could not be dismissed while picking one of the remedies out of several, if others were permissible under law---Party aggrieved by the entries in the revenue record could file declaratory suit---Jurisdiction of Civil Court was barred in certain matters which were specifically enumerated in S. 172 of Land Revenue, 1967---Suit for declaration with regard to adverse entries in the revenue record could competently be filed by an aggrieved person in a Court of competent civil jurisdiction---Impugned s and decrees passed by the courts below were set aside and case was remanded to the Trial Court for conducting proceedings according to law---Appeal was disposed of in circumstances. Sardar Khan v. Ghulam Hussain and 31 others 2003 YLR 1788 ref. Kh. Muhammad Akbar and 5 others v. Kh. Fateh Muhammad 16 others 2000 SCR 211; Ghulam Rasul v. Hidayat Ullah 1987 MLD 35 and Mir Rehman Khan v. Sardar Asadullah Khan PLD 1983 Quetta 52 rel. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM…

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