Law:

Section:

(a) Civil Procedure Code (V of 1908)- 0. XU, r. 23-Remand (civil)-Suit contested by parties on basis of appellants funding their rights on Jagir-Single Bench at an earlier stage of appeal in case coming to conclusion regarding trial of an additional issue on Jagir being necessary and remanding case for further proceedings with consent of both parties and re-submission to High Court-Impugned giving impression of orders of remand in appeal being subject of same appeal-Order of remand, held, could not be criticised by Judge finally deciding appeal.­[Remand of case]. (b) Practice and procedure- Link 2 -- Division Bench ruling of same Court dealing with similar Jagirs and sanads granting them as involved in case in hand expressing views qua rights in soil of Jagirdars and such view cited with approval by Supreme Court in another case-Held : Such decision of Division Bench, notwithstanding there having been no contest therein between a Jagirdar and an occupant and a supporting reason having been mentioned as an alternative, would not make such ruling less binding on Single Judge. Mir Abdul Hussain Khan v. Province of West Pakistan P L D 1958 Kar. 175 ; History of Alienation in the Province of Sind (1886), Vol. I and Nawab Syed Raunaq Ali etc. v. Chief Settlement Commissioner and others P L D 1973 S C 236 ref. (c) Specific Relief Act (I of 1877)- Link 3 Link 4 Link 5 Link 6 Link 7 Link 8 Link 9 Link 10 Link 11 Link 12 Link 13 Link 14 S. 42-Declaratory suit-Jagir, nature of-Text of sanad itself showing Jagir having been conferred in fulfillment of promise regard­ing existing grants under Muslims rulers-Land in Jagir found in possession of original lagirdar ancestor of defendants-appellants, holding from Muslim rulers-Jagir in question one of composite character involving rights in soil as also muafi qua revenue-Judicial cases and resume of discussions between various functionaries of Government at different levels showing Jagir having been not only revenue receiving one but also of rights in land-Sanad in question thoroughly .discussed in two previous rulings and grant held to have conferred hereditary estate in perpetuity-Governor's proclamation leaving original…

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