| Citation(s) |
|---|
| 2023 SLG 834 2023 SLD 834 2023 PLD 60 |
Peshawar High Court
Civil Revision No. 289-M with C.M. No. 1334 of 2022, decision Dated: 4th August, 2022. heard on: : 4th August, 2022.
MUHAMMAD IJAZ KHAN, J
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Civil Revision No. 289-M with C.M. No. 1334 of 2022, decision Dated: 4th August, 2022. heard on: : 4th August, 2022.
MUHAMMAD IJAZ KHAN, J
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GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Forest Department at Peshawar and others
VS
GUL AMBAR and others
Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)
Section: 53
Law: Specific Relief Act, 1877
Section: 42,54,55
Khyber Pakhtunkhwa Forest Ordinance (XIX of 2002)--- ----Ss. 92, 93---Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), S. 53---Specific Relief Act (I of 1877), Ss. 42, 54, 55---Suit for declaration, perpetual and mandatory injunction---Suit for declaration filed by persons aggrieved by an entry in a record---Bar of jurisdiction of Civil Court---Jurisdiction of Forest Magistrates---Scope---Plaintiffs brought a suit for declaration-cum-perpetual/mandatory injunction and for correction of entries made in the revenue record on the ground that they were the ancestral owners-in-possession of the suit property as their predecessor had purchased the property through registered deeds---Defendants straightaway submitted an application for rejection of plaint on the ground that suit property was a protected forest and the jurisdiction of civil court was barred under S. 92 of the Khyber Pakhtunkhwa Forest Ordinance, 2002---Trial Court accepted the application, however, the Appellate Court remanded the case to Trial Court for decision on merits---Validity---Defendants had challenged the entries made in the revenue record under S. 53 of…
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