Law: High Court (Lahore) Rules and Orders

Section: Vol.I,Part-M(i)

Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)

Section: 117(1)

Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)---.--- ---.----S.117(1)---.---High Court (Lahore) Rules and Orders, Vol. I, Part-M (i)---.---Suit for declaration---.--- Hadd Shikni---.--- Local commission, appointment of---.---Scope---.---Trial Court dismissed the suit but Appellate Court remanded the same with the direction to appoint fresh local commission for spot inspection---.---Local commission submitted his report which was confirmed by the Trial Court---.---Validity---.---Report of local commission and his statement recorded after objections by one of the parties was in derogation of instructions contained in High Court (Lahore) Rules and Orders, Vol. I, Part M (i)---.---Local commission had to follow the law and not to act upon the directions of the Court---.---Impugned order confirming report of local commission was not sustainable---.---Orders passed by the courts below were set aside---.---Trial Court was directed to appoint fresh local commission for inspection of spot according to High Court (Lahore) Rules and Orders---.---Constitutional petition was accepted in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD GHAZANFAR KHAN, JUSTICE:---.--- The petitioners Muhammad Ramzan and seven others have filed instant writ petition against the judgment dated 24.4.2015 passed by learned Additional District Judge Paharpur, D.I.Khan, whereby their civil revision against the order dated 07.02.2015 of learned Civil Judge-I, Paharpur, D.I.Khan was dismissed. 2. Brief facts of the case leading to the instant writ petition are that present respondent No.1/plaintiff instituted a suit for declaration to the effect that proforma defendants Nos.4 to 8 are owners in possession of land measuring 11 kanals 13 marlas in scheme No.446 Khasra No.3667/1 out of total area measuring 12 kanals 07 marlas situated in Mauza Bigwani Shumali Tehsil Paharpur, District D.I.Khan vide register haqdaran-e-zameen for the year 1979-80 while actual defendants Nos.1 to 3 have no concern with it. He also prayed for perpetual injunction to the effect that actual defendants Nos.1 to 3 be restrained from claiming ownership, raising any construction and transfer of suit property in the name…

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