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

Section: 135,141

Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----Ss. 135 141---Application for partition of landed property---Suit for declaration---Stay of partition proceedings---Requirements filed application before Revenue Officer for dismissal of application for partition of landed property on the ground that he had filed a declaratory suit but same was dismissed---Validity---Parties were co-sharers of suit property and respondent had applied for separation of his recorded share---Application before Revenue Authorities to postpone partition proceedings was not maintainable---Suit of petitioner had already been dismissed---High Court observed that if ownership of the party seeking partition was disputed and Revenue Officer could not decide the dispute being intricate question of right then he should direct the parties to approach the competent Court for resolution of dispute---Mere institution of a suit by any of the parties on their own motion could not restrict the Revenue Officer to proceed in the matter of partition of a joint land---Constitutional petition was dismissed, in circumstances. JUDGMENT IKRAMULLAH KHAN, JUSTICE:------ Through the instant writ petition, petitioner has questioned the legality and validity of impugned judgments, rendered by respondents Nos. 1 to 4, whereby not only the application of petitioner filed under section 141 of the Land Revenue Act, before respondent No.4 was dismissed but also the appeals and revision petitions filed before respondents Nos. 1 to 3 were dismissed. 2. In essence, respondent No.5 filed an application in term of Section 135 of the Land Revenue Act for partition of the land, well mentioned therein the said application, against the petitioner and rest of the private respondents. Petitioner filed an application before the respondent No.4 for dismissal of the said partition application on the ground that petitioner had instituted a declaratory suit against some of the private respondents and till the disposal of the suit the partition proceeding could not be carried on in view of Section 141 of the Land Revenue Act. The said application was dismissed by respondent No.4 while, the appeals and revision petitions,…

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