Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 135, 130 &.172 (xviii)---Land Reforms Regulations, 1972 (M.L.R. 115), para. 22(i)---Civil Procedure Code (V of 1908), Ss. 9 & 115---Joint holding of parties assuming status of residential area i.e. entire land in question and land surrounding it had become "Abad"---Partition of such land by Civil Court--­Legality---Defendant's main reliance was entries in Revenue Record to show that land in question, was assessed to land revenue, therefore, same was deemed to be agricultural land and that jurisdiction of Civil Court was barred in terms of S. 172(xviii), West Pakistan Land Revenue Act, 1967---Defendant's such plea was not warranted---Land with construction upon it continues in Revenue Record to be assessed to land revenue till settlement, therefore, jurisdiction of Civil Court would not be excluded if land in question, was in built up area with shops, houses and factories etc. but was still assessed to land revenue---Mere fact that any particular land was assessed to land revenue would not make it agricultural land unless it was proved that same was used for agricultural purpose or for purposes subservient to agriculture---Land in question, being built up area, Civil Court .would have jurisdiction, after holding that land in question, had assumed status of residential area---Bar of jurisdiction under Martial Law Regulation, 1972 (M.L.R_ 115) would lose its importance and even otherwise such point could not be pressed in revision when it was not argued before' Appellate Court---Judgments of Courts below were affirmed in circumstances. AIR 1953 Punj. 264; PLD 1965 Lah. 469; AIR 1944 Lah. 455; AIR 1953 Punj. 250 and PLD 1965 (W.P.) Lah. 429 rel. JUDGMENT This revision has been filed to impugne the legality of the agreed judgments and decrees of the learned original Court dated 9-3-1988 and that of the appellate Court passed on 20-5-1992, as by the former the suit for partition of the disputed property instituted by the plaintiffs-respondents was decreed against the petitioners-defendants and by the latter the judgment of the Trial Court was confirmed. . 2. The plaintiffs-respondents brought a suit for…

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