Law: Specific Relief Act, 1877

Section: 42

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Right in Shamilat Deh---Non-resident of village---Scope---Plaintiff claimed a right in Shamilat Deh (village common lands)---Trial Court and Appellate Court decreed the suit---Validity---Plaintiff had obtained property through private transactions and on the strength of those possessions he wanted his share in village common lands and grazing rights---It was nowhere mentioned in the plaint that the Shamilat lands in the defendant village had been partitioned---Plaintiff had claimed that in future if the common lands were divided he might be given his due share---Said statement was incorrect---Firstly, through this statement he wanted to enforce an expectant right which could not be enforced; secondly, the plaintiff was not specific in his claim regarding share in the common lands---Such statement of plaintiff could not be accepted for the reason that if the common land or Shamilat Deh was to be divided then such right went to the proprietary body of the village and if the property sought to be divided was State land then Provincial Government had the authority to allot the same---Plaintiff could only be considered as Malik Qabza and in his capacity he was limited owner to the extent of his private properties---Impugned s and decrees were set aside and the revision petition was accepted, in circumstances. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 39(2)(b)---Wajib ul Arz---Meaning. Wajib ul Arz contains a specification of village customs, rules of management and everything affecting the government of the estate, the distribution of profits, irrigation and rights in the waste. It provides the code of rules for the future management of the manor and is always considered a most important document. Haji Qudrat Ali v. Government of NWFP 1993 SCMR 381 rel. Wajib ul Arz prepared at the time of settlement carries statutory presumption of correctness. Wajib ul Arz describes the right and liabilities among the villagers inter se, such as enjoyment of proceeds of common land and rights of grazing on common land, etc. Safdar Hussain v. Muhammad Azam Khan PLD 2009 Lah. 347 rel. (c)…

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