Law: Sindh Land Revenue Act, 1967

Section: 172

Law: Specific Relief Act, 1877

Section: 42,54

(a) Sindh Land Revenue Act (XVII of 1967)--- ----S.172---Specific Relief Act (I of 1877), Ss.42 54---Suit for declaration and injunction---Jurisdiction of Civil Court barred---Scope sought declaration of his title to agricultural land against the Forest Department and an injunction restraining the Forest Department from dispossessing him from such land---Trial Court decreed the suit to the extent of issuance of declaration---Appellate Court allowed the appeal and dismissed the suit on the ground that the jurisdiction of the Civil Court to decide the matter was ousted by S.172 of Sindh Land Revenue Act, 1967---Validity---Case of plaintiff was that he was in possession of agricultural land outside the forest area situated in katcha area, granted to his grandfather by the Government of Sindh on the basis of darya khurdi right---Under the erstwhile scheme for granting katcha State land, an applicant satisfying the Deputy Commissioner of his darya khurdi right could be granted katcha State land in the same Deh for agricultural purposes after the proceedings held in common assembly (jalsa-e-aam) had not produced in evidence any letter of grant of land to him or his forefathers by the Government against darya khurdi rights case essentially was that the land in his possession was not encroached upon or fell within the boundaries of the forest---Such matter was covered by subsections 2(i), (xiii) and (xxi) of S.172 of Sindh Land Revenue Act, 1967---Revision application was dismissed, in circumstances. Muhammad Shoaib v. Jamila Khatoon 2015 YLR 1213 ref. (b) Words and phrases--- ----Darya khurdi right---Meaning. Darya khurdi right means to hold katcha State land in lieu of qabooli land that has been eroded or lost in river action. (c) Words and phrases--- ----Katcha State Land---Meaning. Katcha State Land means land located in between the flood protective bunds of River Indus known as riverine katcha area. ORDER ADNAN IQBAL CHAUDHRY J.---- By F.C. Suit No. 52/2001 (new F.C. Suit No. 48/2001) the Applicant/Plaintiff prayed (a) for a declaration of his title to agricultural land as against the Forest Department, and (b) for an injunction to restrain the Forest Department…

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