Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2,S.17

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2,S.17

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 172(2)(xviii)

(a) Specific Relief Act (I of 1877)- ----Ss. 42 & 54---West Pakistan Land Revenue Act (XVII of 1967), S.172(2)(xviii)---Civil Procedure Code (V of 1908), S.17 & O.XXXIX, Rr.1 & 2---Plaintiff filed suit for partition, declaration and permanent injunction on the ground that the disputed mutation was sanctioned without her free consent and disputed property was fraudulently alienated through the impugned gift with an application for temporary injunction---Defendants contested suit on the ground of territorial jurisdiction of Trial Court---Trial Court partially allowed application of the plaintiff to the extent of disputed house but declined to grant injunction in respect of agriculture land by holding that a suit for partition in respect of agricultural land was not maintainable in the civil court---Validity---Impugned mutations were sanctioned on the same day therefore the contention of the plaintiff that her signatures were obtained on the pretext that the same were required for attestation of mutation of inheritance appeared to be correct---One of the disputed properties was situated at "L" and under S.17, C.P.C. the civil court at "L" had jurisdiction to hear the suit---Contention of the plaintiff that the injunction at the most should be granted only to the extent of 1/6th share of the plaintiff, had no force because mutation of inheritance was challenged and a decree for partition was prayed for, however, one of the defendants nevertheless had the right to alienate his undisputed 1/3rd, undivided share in the disputed property without alienating the specific number---High Court partially allowed appeal and directed one of the defendants not to alienate 2/3rd share of the disputed property till disposal of the suit, however he could sell his undivided 1/3rd share of the disputed property---Order accordingly. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 172(2)(xviii)---Contention of the party that suit for partition of agricultural land was not maintainable in the civil court was erroneous as under S.172(2)(xviii) of the Land Revenue Act, 1967, a suit for partition where the question of title was involved, was maintainable in the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492