Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)

Section: 175 , 135

Law: Specific Relief Act (I of 1877)

Section: 9 , 135

(a)   Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)---

----S. 175---Prevention of encroachment upon common land---Scope---Respondents during pendency of their suit for perpetual and temporary injunction filed application before the Deputy Commissioner for possession of suit land purportedly under S. 175 of the Land Revenue Act, 1967---Application was marked by Deputy Commissioner to the Tehsildar concerned; who allegedly inspected the spot and handed over the disputed property to the respondents vide impugned order--Validity---Perusal of S. 175 revealed that the revenue officer could assume jurisdiction in the circumstances where a particular property was commonly reserved by a proprietary body of a village for the purpose of pasture, graveyard or other similar purpose and in case any person either belonging to the proprietary body or stranger had encroached upon the property, the revenue officer had the jurisdiction to intervene in the matter and recover the possession of the property from the encroacher by restoring it for the purpose for which it was reserved--Section 175 had no application in the matter when there was dispute between two co-owners in respect of the property which had not been reserved for any purpose--Revenue officials had not only acted without jurisdiction but their mala fide and collusion with the private respondents was evident from the record---Impugned order was set aside and the respondents were directed to restore possession of the property to the petitioners.

(b)   Specific Relief Act (I of 1877)---