Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Dispute as to ownership of property---Mutation---Scope---Contention of petitioners was that they were owners of suit property---Validity---Mutation was not a title document and it did not confer any right, title or interest---Burden of proof did lie upon the person in whose favour mutation had been attested to establish the genuineness of transfer of propertys, in the present case, in order to exercise constitutional jurisdiction, should have established clear legal right over the suit property---Constitutional jurisdiction of High Court was intended to provide expeditious remedy in a case where illegality of impugned action of executive or other authority was floating on the surface which could be established without any inquirys had failed to prove their ownership and title over the suit land---Title and ownership of suit property could not be established in constitutional petitions should have established their title and ownership right over the suit land by adducing evidence before the Court of competent jurisdiction---Constitutional petition had been filed by the petitioners with mala fide intention to abuse the process of law---Constitutional petition being not maintainable was dismissed in limine. ORDER KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- Petitioners 1. Ghulam Hussain son of Muhammad Ishaque Brohi, 2.Murad Ali son of Ghulam Rasool Brohi, 3.Abdul Majeed Brohi son of Muhammad Soomar, 4. Zareen Khan son of Ghulam Rasool Brohi, 5. Muhammad Hussain Brohi son of Muhammad Ishaque, 6. Ali Hassan son of Muhammad Aqil Brohi, 7. Meer Hassan son of Muhammad Aqil Brohi, 8. Nasrullah son of Muhammad Yaqoobh Brohi, 9. Wahid Bux son of Behram Khan Brohi, 10. Sikandar Ali son of Wahid Bux Brohi, 11. Muhammad Soomar son of Behram Khan Brohi and 12 Habibullah son of Muhammad Yaqoob, claiming themselves to be the owners of hundreds acres of land without disclosing material particulars, such as, Survey Numbers, Deh, etc. have filed this petition; title documents of such huge area of hundreds acres have not been filed with the petition; the petitioners, however, have filed photo copies of entries of…

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