| Citation(s) |
|---|
| 1956 SLG 196 1956 SLD 196 = 1956 PLD 27 |
Revision Side No. 1 of 1954-55, decided on 25th January 1956, District Sheikhupura.
Before Nasir Ahmad Member, Board of Revenue, West Pakistan,
Sh. Bashir Ahmad for Petitioners. S. M. Hassan for
Respondent.
HAIDER ALI and others-Petitioners
VERSUS
ANWAR ALI-Respondent
Law: Punjab Land Revenue Act (XVII of 1887)
Section: 117, 16 (3)
P L D (Rev.) 1956 W. P. 27
This case concerned a property dispute under the Punjab Land Revenue Act, 1887. The Assistant Collector sanctioned partition despite a clear question of title arising from a registered deed of 1942, thereby disregarding Section 117, which requires such matters to be decided by a Civil Court. The petitioners’ appeal was dismissed as time-barred, but their revision was held valid since revisions could be filed within 90 days, not just 60. The Revenue Board accepted the petitions, remanding the case with directions that the Assistant Collector must either constitute himself as a Civil Court to decide the title or defer partition until a competent Civil Court rules.