Law: Civil Procedure Code (V of 1908)

Section: 12(2),92,151,152,153,O.VII,R.11(d)

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)---- ----S. 92---Specific Relief Act (I of 1877), S. 42---Suit for declaration against trust property without consent of Advocate General---Maintainability---Trust had been created in the land in question for public purpose of religious/charitable in nature---Permission of Advocate General for instituting a suit was mandatory----No consent of Advocate General had been obtained---Trial Court had passed decree against law in favour of plaintiffs---Impugned s and decrees passed by the Courts below were not sustainable which were set aside---Revision was allowed, in circumstances. Fakir Shah and others v. Mehtab Shah Pir Bukhari Masjid Committee and others PLD 1989 SC 283 rel. (b) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration and partition---Shamilat Deh---Effect---Land in question was Shamilat Deh---Nothing was on record with regard to names or shares of the sharers of suit land---Civil Court had limited jurisdiction with regard to Shamilat Deh land---No specific share could be declared to be in possession of any land owner unless Shamilat Deh land was partitioned by metes and bounds by revenue authorities---Shamilat Deh land whenever divided was to be divided in accordance with ancestral shares of the proprietors amongst them---Other residents of the village, occupants of land or tenant at will or even the owner of land who acquired ownership right as Malik-Qabza would not be entitled to any share in the common property of village Shamilat---Trial Court had passed decree against law in favour of plaintiffs---Impugned s and decrees passed by the Court below were not sustainable which were set aside---Revision was disposed of accordingly. 1993 SCMR 381 and Khalique Ahmed v. Abdul Ghani and another PLD 1973 SC 214 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD EJAZ SWATI, J.--- The respondents (plaintiffs) filed a suit for Declaration and Permanent Injunction, Partition and Possession and prayed as under: a. Declare that plaintiffs are entitled for 1/7 shares of the total legacy left by Haji Gul Muhammad being the legal heirs of Late Ahmed Yar son of Haji Gul Muhammad. b. Defendants Nos.1 to 15 may kindly be…

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