Law: Constitution of Pakistan 1973

Section:

Constitution of Pakistan (1973)---- ---- Art. 199 --- Constitutional jurisdiction --- Questions of title of property and possession thereof could not be resolved except through proper trial --- Case involving such questions did not, qualify for entertainment in the Constitutional jurisdiction by the High Court --- ' Petitioner in his own interest should have been advised to approach the other proper forum. Ch. Ijaz Ahmad, Deputy Attorney-General and Ch. Akhtar Ali Advocate-on-Record for Appellants. Bashir Kiani, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Respondent. Date of hearing: 23rd January, 1991. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.--This appeal through leave of the Court is directed against the judgment of the High Court of Balochistan; whereby the Constitutional Petition riled, by the respondent in a land (title/possession) case, was allowed. The order for grant of leave reads as under:---- "The respondent riled a Constitutional Petition in the Balochistan High Court, Quetta seeking relief that the action of the petitioner dispossessing him from agricultural land in dispute may be declared as without lawful authority and the petitioner be directed to hand over possession ' of the land to him. The ownership of the land was claimed by respondent on the basis of certain registered and un-registered sale deeds executed between 1965 to 1971 by persons named in the documents as owners thereof. The Constitutional Petition was resisted on the ground that the land belonged t5 Government of Balochistan and was meant for the establishment of Corps Scouts of   Mahsud Scouts. The respondent was said to be the first contingent Commander of the Forces posted at Khuzdar at the relevant time and was entrusted with the job of procuring lands for that purpose. It was also averred that the possession of the land had all along been within the control of the Scouts. The learned High Court referred to as many as 10 documents produced on behalf of the respondent and two brought on the record on behalf of the Government. An objection was raised before the High Court on behalf of the petitioner with regard to the maintainability of the…