Law: Sindh Land Revenue Act, 1967

Section: 141,172

Sindh Land Revenue Act (XVII of 1967)--- ----Ss.141 172---Suit for specific performance of agreement to exchange land--- Agriculture land--- Private partition--- Civil Court, jurisdiction of--- Scope--- Plaintiff / appellant filed suit for enforcing agreement to exchange agriculture land--- Suit was decreed in favour of plaintiff / appellant by Trial Court mainly on the ground that it was a contract enforceable at law--- Lower Appellate Court dismissed the suit on the ground that agreement was not enforceable as it contained some lands acquired by government--- Validity--- Even if parties agreed to private partition of their joint agriculture land, remedy of plaintiff / appellant for partition of his share laid before Revenue Officer under Sindh Land Revenue Act, 1967--- In absence of order by Revenue Officer under S.141 of Sindh Land Revenue Act, 1967, requiring a party to approach a civil court, the civil Court could not have assumed jurisdiction--- Express bar to jurisdiction of Civil Court under S.172 of Sindh Land Revenue Act, 1967, could only be circumvented if plaintiff had demonstrated that case attracted one of the established exceptions to ouster plenary jurisdiction of civil Court--- Such was not case of plaintiff / appellant that he had made application to Revenue Officer under S.147 Sindh Land Revenue Act, 1967, for an order to affirm private partition or at least, no order was passed under Sindh Land Revenue Act, 1967 was assailed by plaintiff / appellant---No ouster of jurisdiction of Civil Court by S.172 of Sindh Land Revenue Act, 1967--- High Court declined to interfere in and decree passed by Lower Appellate Court as Civil Court had wrongly assumed jurisdiction over the suit--- Revision was dismissed, in circumstances. ORDER ADNAN IQBAL CHAUDHRY, JUSTICE.---- F.C. Suit No. 39/1996 filed by the Applicant (Plaintiff) for specific performance of an agreement was decreed by the learned Senior Civil Judge, Kandiaro, by judgment and decree dated 17.01.2002 and 21.01.2002 respectively. However, on Civil Appeal No. 5/2002 filed by the Respondents 1 to 14 (Defendants 1 to 14), the suit was dismissed by the learned District Judge, Naushahro Feroze by…

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