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

Section: 53,141,172(2)

Law: Civil Procedure Code (V of 1908)

Section: 5,9

Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967) --- ----Ss. 172(2), 53 & 141---Civil Procedure Code (V of 1908), Ss. 9 & 5---Correction of entries in the revenue record---Dispute of title---Civil court, jurisdiction of---Scope---Petition for correction of entries in the Khasra Girdawari was moved which was accepted by the Deputy Commissioner/District Collector but same was dismissed by the Additional Commissioner, however, Board of Revenue restored the order of District Collector---Validity---Section 172 (2) of Khyber Pakhtunkhwa Land Revenue Act, 1967 expressly barred Civil Court from exercising jurisdiction with regard to the matters which were within the jurisdiction of Revenue Court---Such ouster of jurisdiction of a Civil Court was always limited to niceties of the powers defined in S.172 of Khyber Pakhtunkhwa Land Revenue Act, 1967---Domain of revenue forums exercising powers under Khyber Pakhtunkhwa Land Revenue Act, 1967 could not be equated powers of "a Court"---Revenue Courts were merely revenue authorities exercising administrative powers which could never circumvent the jurisdiction of a Civil Court while trying a suit of civil nature involving the question of title---Section 53 of the Khyber Pakhtunkhwa Land Revenue Act, 1967, allowed a person aggrieved of an entry in the record of rights or in a periodical record to institute a suit for declaration under the Specific Relief Act, 1877---Revenue Courts could conduct proceedings only with regard to rent or profit of land used for agricultural purposes---Revenue authorities performing functions under Khyber Pakhtunkhwa Land Revenue Act, 1967 did not fall within the definition of "Court"---Civil Court, trying a suit of civil nature where question of title was involved had got supervisory capacity to undo the effect of any act performed by the revenue authorities---Where question of title qua parties was in dispute in Civil Court then revenue forums could not assume jurisdiction in such like matters---Civil suit between the parties was pending before the Civil Court but revenue authorities despite the same proceeded with the matter---Impugned orders passed by Revenue authorities viz. Board of…

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