Law: Civil Procedure Code (V of 1908)

Section: 9, O.VII, 10

Law: North West Frontier Province Public Property (Removal of Encroachments) Act, (V of 1977)

Section: 2, 11, 13

Civil Procedure Code (V of 1908) S. 9 & O. VII, R.10---North-West Frontier Province Public Properties (Removal of Encroachment) Act (V of 1977), Ss.2, 11 & 13---Return of plaint---Plaintiff claimed that property in dispute was a private property whereas claim of defendant was that it was a public property---Dispute between the parties was with regard to lease of said property also---Only forum to decide matter was Special Tribunal created under North-West Frontier Province Public Properties (Removal of Encroachment) Act, 1977 and the jurisdiction of the Civil Court was totally barred---Court had rightly returned the plaint in circumstances. Date of hearing: 31st October, 2000.                                                                                                                                                                  JUDGMENT This is a civil revision petition under section 115, C.P.C. against the judgment and decrees, dated 11-9-1998 and 26-3-1997 passed by the learned Additional District Judge and Senior Civil Judge, respectively, vide which the plaint of the petitioner has been returned for want of jurisdiction. 2. Brief facts of the case are that petitioner Amanullah instituted a suit in the Court of Senior Civil Judge, D.I. Khan, against Secretary, Local Government and 6 others for permanent injunction to the effect that defendants Nos.4, 5 and 6 should cancel the lease dated 30-8-1974 in favour of respondent No.7 as the said respondent No.7 is not lessee of the premises. In para of the plaint, the eviction of respondent No.7 was sought from Khasra No.6529 as an illegal occupier and in the 3rd part, perpetual injunction was sought against defendants that they should not interfere in the possession and occupation of Khasra No.6529 as…