Law: Punjab Land Revenue Act (XVII of 1887)

Section: 78

Law: West Pakistan Land Revenue Act, 1967

Section: 91

Law: Civil Procedure Code (V of 1908)

Section: 9

Punjab Land Revenue Act (XVII of 1887) S. 78 and West Pakistan Land Revenue Act (XVII of 1967), S. 91 Jurisdiction of civil Courts-Suit for permanent injunction against Municipal Committee restraining it from recovering encroachment fee and demolishing structure-Expression "persons against whom proceed ings are taken"-Person against whom no proceedings taken Cannot be compelled to pay amount of arrears before filing civil suit-Civil suit could proceed and be dealt with on its own merits without any advance deposit of arrears-Civil Procedure Code (V of 1908), S. 9. Dates of hearing : 6th February and 16th March 1970.   JUDGMENT Ahmad Shafi Sheikh (hereinafter called the plaintiff) filed a suit against Municipal Committee, Rawalpindi (hereinafter called the defendant) for a permanent injunction so as to restrain it from recovering the amount of encroachment fees claimed in the notices and from demolishing the constructions mentioned in the plaint. The case of the plaintiff was that he was owner of the various shops mentioned in his plaint projections of which extended over some portion of the Municipal land. The plaintiff had given these shops on rent to various tenants. The Municipal Committee served demand notices on the tenants requiring them to pay encroachment fees amounting to Rs. 6,005.30. Contending that the burden of this liability was ultimatelty to fall on the plaintiff, he filed the suit hereinbefore mentioned. The Municipal Committee defended the suit and took objection to jurisdiction of the civil Court to try the suit. On the pleadings of the parties the learned Civil Judge framed an issue which reads as follows :- "Whether the Court has jurisdiction to entertain this suit?" In connection with the above issue, the plaintiff appeared as his own witness and made a statement. From the side of the -defendant, no evidence of any nature was produced. The learned Civil Judge held that since the amount in dispute was recoverable as arrears of land revenue, therefore, civil Court had no jurisdic tion to try it in view of section 78 of the Punjab Land Revenue Act (XVI1 of 1887) where it is written that the liability to pay an amount…