| Citation(s) |
|---|
| 2021 SLG 325 2021 SLD 325 2021 YLR 84 |
Peshawar High Court
Civil Revision No. 847-P of 2009, decided on 2nd March, 2020, Date of hearing: 2nd March, 2020.
MUHAMMAD NAEEM ANWAR, JUSTICE
Muhammad Taif Khan for Petitioners. Rehmanullah for
Respondents.
Civil Revision No. 847-P of 2009, decided on 2nd March, 2020, Date of hearing: 2nd March, 2020.
MUHAMMAD NAEEM ANWAR, JUSTICE
Muhammad Taif Khan for Petitioners. Rehmanullah for
Respondents.
BAHADUR AND 82 OTHERS
VS
COLLECTOR LAND ACQUISITION AND 13 OTHERS
Law: Specific Relief Act, 1877
Section: 42
(a) Specific Relief Act (I of 1877)---
----S. 42---Acquisition of Shamilat land---Suit for declaration---Maintainability---Contention of plaintiffs was that they being owners of suit property were entitled for compensation to the extent of their shares---Trial Court decreed the suit but Appellate Court dismissed the same---Validity---Owners of the village were joint owners of its Shamilat and their shares should be determined proportionate to the size of their holding vis- -vis total land in the village excluding Malikan-e-Qabza---Entitlement of each original owner to the Shamilat should be determined on the basis of revenue being paid by Khewatdar and mentioned in revenue papers---Plaintiffs were owners of Shamilat which had been acquired by the authorities, therefore, they were entitled for compensation of suit property---Land could not be acquired without compensation---Authorities were bound to pay compensation of acquired land to the plaintiffs as per their entitlement---Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Revision was allowed, in circumstances.
Said Umer Shah v. Hasham and others in PLD 1978 Pesh. 3 ref.
Land Acquisition Collector and others v. Mst. Iqbal Begum PLD 2010 SC 719; Jahangir Saddique Khan v. Secretary Ministry of Defense and 2 others 2017 YLR 1909 and Qazalbash Waqif v. Chief Land Commission, Punjab and others PLD 1990 SC 99 rel.
(b) Words and phrases---
----Shamilat---Meaning.
(c) Words and phrases---
----Aala Malik---Meaning.
(d) Words and phrases---
----Adna Malik---Meaning.
(e) Words and phrases---
----Holding---Meaning.
(f) Words and phrases---
----Khewatdar---Meaning.
----S. 42---Acquisition of Shamilat land---Suit for declaration---Maintainability---Contention of plaintiffs was that they being owners of suit property were entitled for compensation to the extent of their shares---Trial Court decreed the suit but Appellate Court dismissed the same---Validity---Owners of the village were joint owners of its Shamilat and their shares should be determined proportionate to the size of their holding vis- -vis total land in the village excluding Malikan-e-Qabza---Entitlement of each original owner to the Shamilat should be determined on the basis of revenue being paid by Khewatdar and mentioned in revenue papers---Plaintiffs were owners of Shamilat which had been acquired by the authorities, therefore, they were entitled for compensation of suit property---Land could not be acquired without compensation---Authorities were bound to pay compensation of acquired land to the plaintiffs as per their entitlement---Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Revision was allowed, in circumstances.
Said Umer Shah v. Hasham and others in PLD 1978 Pesh. 3 ref.
Land Acquisition Collector and others v. Mst. Iqbal Begum PLD 2010 SC 719; Jahangir Saddique Khan v. Secretary Ministry of Defense and 2 others 2017 YLR 1909 and Qazalbash Waqif v. Chief Land Commission, Punjab and others PLD 1990 SC 99 rel.
(b) Words and phrases---
----Shamilat---Meaning.
(c) Words and phrases---
----Aala Malik---Meaning.
(d) Words and phrases---
----Adna Malik---Meaning.
(e) Words and phrases---
----Holding---Meaning.
(f) Words and phrases---
----Khewatdar---Meaning.
JUDGMENT
MUHAMMAD NAEEM ANWAR, JUSTICE:---.---
This civil revision is directed against the judgment and decree of learned Additional District Judge-IV, Swabi, dated 22/3/2009, whereby the appeal filed by respondents was allowed, consequently, the suit filed by petitioners/ plaintiffs was dismissed.
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