Law: Specific Relief Act, 1877

Section: 42,39,54

Law: Balochistan Land Revenue Act, 1967

Section: 172(2)(xviii)

(a) Specific Relief Act (I of 1877)--- ----Ss.42, 39 54---Balochistan Land Revenue Act (XVII of 1967), S.172(2)(xviii)---Suit for declaration, cancellation of mutation, possession and permanent injunction---Jurisdiction of Civil Court---Scope---Contention of plaintiff was that he was owner of suit property which had not been partitioned---Suit was decreed by the Trial Court---Validity---Question of title was involved in the present case and Civil Court was the only forum to resolve the controversy after recording evidence---Civil Court could not exercise jurisdiction over a claim for partition of an estate or holding or any question connected with or arising out of the proceedings of partition, not being a question as to title in any of such property---When question of title was raised in a suit then provisions of S.172(2) (xviii) of Balochistan Land Revenue Act, 1967, would not come in the way of Civil Court to decide the issue---Present suit had been filed for partition on the ground of inheritance---Suit property had been left by the forefathers of the parties---Private partition had created title and interest of plaintiff in the suit property---Suit of plaintiff did fall within the domain of Civil Court, in circumstances---Plaintiff was owner of suit land---Trial Court had rightly passed the impugned and decree in favour of plaintiff---Appeal was dismissed, in circumstances. (b) Balochistan Land Revenue Act (XVII OF 1967)--- ----Ss.42, 39 54---Question of title---Meaning---Question of title of property when and how arises. Question of title is the claim of a person as to his ownership in some property and it will arise when someone denies his right or interest in his property. It may include when due rights of a person are jeopardized by any mode of partition or order of a Revenue Officer. JUDGMENT ROZI KHAN BARRECH, JUSTICE:----- This appeal under section 96, C.P.C. has been filed by the appellants against the judgment and decree dated 25.06.2011 (impugned judgment) passed by learned Civil Judge-VII, Quetta (trial court) whereby the suit filed by the respondent was decreed. 2. Briefly stated facts of the case are that the respondent No.1 filed a suit for…

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