Case Details

Citation(s)
1987 SLG 614 1987 SLD 614 1987 SCMR 1611
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 3121K of 1986, decided on 5th May, 1987. (On appeal from the judgment and order of Sind High Court dated A41986 passed in Second Appeal 388/1979).
ABDUL KADIR SHAIKH AND MIAN BURHANUDDIN KHAN, JJ
Abdul Hafeez Memon, Advocate Supreme Court and Abdul Aziz Dastgir, Advocate-on-Record for Petitioners. Nemo for
Respondents

UDHAVDAS and others

VS

YUSUF KHAN and others

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), S. 115--Sind Revenue Jurisdiction Act (X of 1876), S. 11-West Pakistan Land Revenue Act (XVII of 1967), S. 173--Revisional jurisdiction of High Court--Exercise of--Concurrent findings of Revenue Officers-­Interference with--Jurisdiction of Civil Courts--Leave to appeal granted to consider contentions that concurrent finding of Courts below could not have been interfered with by High Court on revisional side. ORDER MIAN BURHANUDDIN KHAN, J.--Mst. Basi Bai claimed to have purchased agricultural land situate in Deh Lund Taluka Khipro in the year 1970 by registered sale deed from one claimant Muhammad Ali son of Abu Bakar who held permanent allotment order of the said land from the Rehabilitation Department. Petitioners asserted that huge amount was spent in the development of the land so purchased. In September, 1971 one Muhammad Ismail son of Sardar Khan Kaim Khawani, resident of Khipro tried to dispossess the petitioners, who being sons of the above-named Mst. Basi Bai inherited the said property from her. Therefore, the petitioners approached the Mukhtiarkar, Khipro who directed Muhammad Ismail not to disturb petitioners' possession. Later on Muhammad Ismail again threatened to eject the petitioners alleging that he was the attorney of Yusuf Khan respondent No.1 to whom the land, in question, had been allotted. Jhamandas petitioner No. 3 submitted an application before the Deputy Commissioner, Sanghar to restrain the respondent from interfering with their possession, and accordingly, a direction was issued to the respondent in this behalf. 2. It is stated that on 16-10-1972 the Mukhtiarkar, Khipro changed the Record of Rights in respect of the aforesaid land in favour of Yusuf Khan without giving any notice to the petitioners' predecessor-in-interest. The matter was brought to the notice of the A.C. Sanghar by the predecessor-in-interest of the petitioners for correcting the mutation and for taking action against the intruders. Therefore, entries in the Record of Rights were cancelled from the names of respondents Nos.l and 2 namely Yusuf Khan and Habib Khan. Respondents Nos.1…
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