Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 9,VII Rule 10

Law: Cantonment Act (II of 1924)

Section: 108

Brief Summary:Jurisdiction Dispute
The petitioners challenged the orders of lower courts which returned their civil suit questioning a notice of encroachment issued under Section 108 of the Cantonment Act, 1924. The lower courts held that the appropriate forum was a tribunal under the Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1997.

The High Court overruled the lower courts’ decisions, stating that:

The notice was issued under the federal Cantonment Act, not the provincial 1997 Act.