Law: Specific Relief Act (I of 1877)

Section: 39,42,54

Law: Balochistan Land Revenue Act, 1967

Section: XVII,53

Law: Constitution of Pakistan, 1973

Section: 10A

Specific Relief Act (I of 1877)-------Ss. 39, 42 & 54---Balochistan Land Revenue Act (XVII of 1967), S. 53--Constitution of Pakistan, Art. 10A---Suit for cancellation of order, declaration and injunction---Fair trial and due process---Correction of entry in Record of Rights--Concurrent findings of facts by two Courts below---Petitioner/plaintiff claimed to be owner in possession of suit land whereon he had constructed a building--Grievance of petitioner/plaintiff was that without his knowledge the authorities transferred suit land in the name of Provincial Government---Suit and appeal were concurrently dismissed by Trial Court and Lower Appellate Court---Validity--Lower Appellate Court misunderstood the provision of S.53 of Balochistan Land Revenue Act, 1967, which had itself provided relief to an aggrieved person, who sought declaration of title to suit land as its exclusive owner with consequential relief---Such provision did not debar aggrieved party from approaching Civil Court for claiming his ownership over suit land by way of inheritance---Entry in revenue record was not in itself proof of title in favour of the party in whose favour such entry existed---Entitlement/ownership was to be proved by such party independently and for such purpose appropriate forum available was Civil Court, which was Court of ultimate jurisdiction--- In view of provision of Art. 10A of the Constitution, a person is entitled for fair trial and due process---High Court set aside jurisdiction passed by Lower Appellate Court and matter was remanded for decision afresh on appeal filed by petitioner/plaintiff---Revision was allowed accordingly.Ahsan Ali through L.Rs. and others v. Province of Sindh through District Coordination Officer Thatta and others 2007 MLD 884 and Muhammad Siddique and another v. Mst. Bano and 8 others 2004 YLR 319 ref.Date of hearing: 18th August, 2023.JUDGMENTABDULLAH BALOCH, J.---This judgment disposes of instant petition filed by the petitioner Muhammad Ali son of Soba Khan through legal heirs, against the judgments and decrees dated 27th September 2019 and 21st October 2020 ("the impugned judgments and decrees") passed by the Civil Judge, Hub ("the…