Law: Balochistan Land Revenue Act, 1967

Section: 135,172(1)

Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Specific Relief Act, 1877

Section: 42

Balochistan Land Revenue Act (XVII of 1967) Ss.135 172(1)Civil Procedure Code (V of 1908), S.9Specific Relief Act (I of 1877), Ss.42Suit for declaration, partition and possessionPartition of agricultural landRevenue courts, jurisdiction ofScopeDispute between the parties pertained to partition of joint agricultural land entered in the record of rights in the name of parties/respondent filed an application to Tehsildar (Assistant Collector) for partition but due to nonattendance of petitioners/defendants, he (Tehsildar) directed to approach Civil CourtValiditySuitproperty (Khata) was still in the name of contesting partiesPartition of joint agricultural land was exclusive jurisdiction of the Revenue Authority under S.135 of Balochistan Land Revenue Act, 1967 ( the Act 1967)Section 172(1) of the Act, 1967 stipulated that in cases where the Board of Revenue or any officer took cognizance of the matter, the Civil Court had no jurisdiction to dispose of such casesThough under S.9 of Civil Procedure Code, 1908, Civil Court had jurisdiction to try all civil cases except either expressly or impliedly barred but in partition proceedings, the jurisdiction of Civil Court was ousted under Ss.135 172(1) of the Act, 1967Suitproperty required to be partitioned as jointly owned by the partiesRevenue Authority described the procedure while adopting the mode of partition under S.135 of the Act, 1967When any party interested in partition of his share in the joint landed property had to approach the Revenue AuthorityRevenue Authority was fully empowered to effect partition for which the party applied/plaintiff filed application which was not decided by the Tehsildar (Assistant Collector), instead he directed the respondent to approach Civil Court which was not according to lawReason (i.e. nonappearance of the petitioners) mentioned in the order by the Assistant Collector was mockery of lawIf the petitioners wilfully failed to appear in partition proceeding, the Revenue Officer could not wait for him/them, but should have proceeded with the partition proceedings under the lawPartition of joint agricultural property was exclusive jurisdiction of Revenue Officer as he was bound to…

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