Law: Sindh Land Revenue Act, 1967

Section: 172

Law: Specific Relief Act, 1877

Section: 39,42,54,56(d)

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Sindh Revenue Jurisdiction Act, 1876

Section: 11

Sindh Land Revenue Act (XVII of 1967)--- ----S.172---Sindh Revenue Jurisdiction Act (X of 1876), S. 11---Specific Relief Act (I of 1877), Ss. 42 & 39---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit land being in the ownership of Government was allotted to the defendant---Suit for declaration and cancellation of allotment---Maintainability---Plaint, rejection of---Scope---Contention of plaintiffs was that impugned mutation was unlawful and null and void---Trial Court rejected the plaint but Appellate Court remanded the matter for deciding on merits---Validity---Suit land was in the ownership of the Government and not that of the defendants---Plaintiffs could not claim any right to the suit land unless having attained its title---Jurisdiction to try claim in such cases did vest with the revenue hierarchy and not with Civil Court---Suit filed by the plaintiffs was not maintainable before Civil Court---Plaintiffs should have availed remedy of an appeal or revision before the revenue authorities---Plaintiffs without exhausting such remedies had directly approached the Civil Court by filing the present suit which was barred under S. 11 of Sindh Revenue Jurisdiction Act, 1876---Section 172 of Sindh Land Revenue Act, 1967 did exclude the jurisdiction of Civil Court in the matters of revenue jurisdiction---Trial Court had rightly rejected the plaint---Impugned order passed by the Appellate Court was illegal and same was set aside---Revision was allowed, in circumstances. THIS JUDGMENT DELIVERED BY: ZULFIQAR AHMAD KHAN, J.---- Through instant Revision Application, applicant Raja Khan has impugned the judgment dated 29.04.2017, passed by Additional District Judge-I, Tando Adam, in Civil Appeal No. 70 of 2015 where the order dated 19.10.2015, passed by Senior Civil Judge, Tando Adam in F.C. Suit No.73/2015 was set aside and the appeal was allowed. 2. Brief facts of the case are that the land bearing Survey No.695 admeasuring 0-13 Ghuntas, situated in Deh Pai Taluka Tando Adam (suit land) was admittedly a Government property but allegedly in Mohaga of the Survey Nos.265 and 266, the land of the plaintiffs for which plaintiffs/Respondents Nos.1 and 2 kept on…

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