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

Section: 147

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 147---Affirmation of partition privately effected---Procedure---If there was private partition between the parties/joint owners, any of them had to apply to the Revenue Officer for an order affirming the said private partition---Revenue Officer then would inquire into the matter about the existence or otherwise of private partition; and if he was satisfied after the inquiry, then he had to make an order affirming the private partition between the parties and then had to proceed further under the other relevant provisions regulating the partition proceedings like administration of property excluded from partition, distribution of revenue and rent amongst the co-owners after partition, instrument of partition and deliver of possession to all the concerned according to the partition so reached between the parties and affirmed by the Revenue Officer---Said procedure was required to be adopted by the Revenue Officer even if it was a private partition with consent of the parties. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 147---Constitution of Pakistan, Art. 199---Constitutional petition---Partitions privately effected, affirmation of---Scope---Respondents had argued that since the private partition, every co-owner was enjoying the property according to his respective share and many of them had further alienated their shares in the name of different people---Said very fact alone would not be sufficient to establish on the record that there was a private partition between the parties---Petitioners and the respondents were the co-owners of the property and could deal with their properties being joint owners, could sell and purchase the joint properties---Entire record of the case was silent with regard to any application moved to the Revenue Officer for giving effect to the alleged private partition or any order of the Revenue Officer reflecting the factum of affirmation of private partition, and that was a sine qua non under S.147 of the West Pakistan Land Revenue Act, 1967, for implementation of any private partition---In absence of the same, mere entry of partition mutation, could not be…

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