Law: Specific Relief Act, 1877

Section: 12

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

Section: 135,147

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Specific Relief Act (I of 1877)--- ----S.12---Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), Ss.135 147---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for specific performance of private partition agreement---Partition of agricultural land---Rejection of plaint---Concurrent findings of facts by two Courts below---Petitioners / plaintiffs sought partition of agriculture land but plaint was rejected by Trial Court and Lower Appellate Court---Validity---Revenue hierarchy under S.135 of Khyber Pakhtunkhwa Land Revenue Act, 1967, as well as all other enabling provisions was bound to make official partition among co-sharers--- During such process, if there was any private arrangement / private partition among the parties the same could be entertained and acted upon in view of S.147 of Khyber Pakhtunkhwa Land Revenue Act, 1967---Such private partition could only be entered and acted upon if all stakeholders were agreed to the same but the moment private arrangement / private partition was denied or disputed or controverted by a co-sharer, then he could not be compelled for the same and in such eventuality, revenue hierarchy was bound to proceed with official partition---High Court declined to interfere in the matter as petitioners / plaintiffs failed to point out any illegality / irregularity committed by two Courts below while passing their judgements and decrees, which were correct and in accordance with the relevant law on the subject---Revision was dismissed in circumstances. Haji Abdul Karim and others v. Messrs Florida Builders (Pvt.) Limited PLD 2012 SC 247; Ali Gohar and another v. Abdullah Mallah and 5 others 2021 CLC 1102; Ameer Abbas Sial v. Province of Punjab 2020 CLC 792 and Bakht Zada v. Shah Tamash Khan and 5 others 2016 YLR 2337 rel. (b) Civil Procedure Code (V of 1908)--- ----S.9---Civil Court, jurisdiction of---Determining factors---Jurisdiction of Civil Courts to try civil cases can be classified into (a) territorial jurisdiction; (b) pecuniary jurisdiction; and (c) jurisdiction over subject matter---Jurisdiction over subject matter of suit of civil nature is most pivotal and determinative as regard assumption and exercise of…

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