Law: Specific Relief Act, 1877

Section: 42,54

Law: Land Reforms Regulation, 1972

Section: 7,26

Specific Relief Act (I of 1877)--- ---s.42 54---Land Reforms Regulation, 1972, Paras. 7 26--uit for declaration and permanent injunction---Certain transfers void---Bar of jurisdiction--cope filed suit for declaration and permanent injunction claiming to have purchased suit property from the attorney of defendant, prior to the suit, had filed application before the Assistant Commissioner for setting aside the mutation on the ground of fraud in terms of para. 7 of Land Reforms Regulation, 1972---Application filed by defendant under O.VII, R.11, C.P.C., on the ground that the suit was not maintainable being hit by para. 26 of Land Reforms Regulation, 1972, was dismissed being pre-mature and it was held that the matter required evidence--uit was, however, dismissed on an application filed by defendant under S.151, C.P.C., claiming therein that the proceedings had become infructuous as the possession of suit property was taken over on account of proceedings decided by the Land Commissioner and that the suit was hit by para. 26 of Land Reforms Regulation, 1972---Appellate Court dismissed the appeal---Validity---Order passed by Land Commissioner was without prejudice to the cases before the various forums between the parties other than under Land Reforms Law were not heard being claimants in the matter nor the said order decided the matter of controversy / rights between the parties---Impugned orders were set aside and the suit was restored---Revision petition was allowed, in circumstances. PLD 1985 SC 144; PLD 1975 SC 624; PLD 2003 SC 31 and Muhammad Anwar v. Province of Punjab 2016 CLC 1660 ref. JUDGMENT MAHMOOD A. KHAN, J.---- By this revision concurrent findings have been impugned in the suit filed by the appellants titled for declaration and permanent injunction, wherein recorded evidence is also present in the file, the same was however dismissed on an application under section 151, C.P.C. filed by the respondent calling for dismissal on the ground that the said proceedings have become infructuous as the possession of the subject land had been taken over on account of proceedings decided by the Chief land Commissioner and the suit is barred by the provisions of…

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