| Citation(s) |
|---|
| 1997 SLG 404 1997 SLD 404 = 1997 PLD 1 |
Lahore High Court
Civil Revision No. 2123 of 1996, heard on 21st August, 1996.
KHALIL-UR-REHMAN KHAN,C, J
Sagheer Muhammad Khan for Petitioner.Mirza Hafiz-ur-Rehman for
Respondent No. 1 .Mian Muhammad Hussain Chotiya for
Respondent No. 2 (on 15-8-1996 only).
Civil Revision No. 2123 of 1996, heard on 21st August, 1996.
KHALIL-UR-REHMAN KHAN,C, J
Sagheer Muhammad Khan for Petitioner.Mirza Hafiz-ur-Rehman for
Respondent No. 1 .Mian Muhammad Hussain Chotiya for
Respondent No. 2 (on 15-8-1996 only).
ABDUR RAZZAvsMUHAMMAD HARIB and another
Law: Civil Procedure Code (V of 1908)
Section: O. I, Rr.35, 36, Ss.7ti & I1
Law: West Pakistan Land Revenue Act, 1967
Section: 70
Law: High Court Rules, and Orders
Section: Vol. 1, Chap. I, Part ' G'
(a) Civil Procedure Code (V of 8)----------- O. I, Rr.35, 36, Ss.7ti & I1---West Pakistan Land Revenue Act (VII of 1967), A70---West Pakistan Land Revenue Rules, 1965, R.70---High Court (Lahore) Rules and Ordersâ-ž Vol. 1, Chap. I, Part ' G'---Transmission of decree of Civil Court to Collector for execution---Pourer of Collector for delivery of possession of immovable property ---Dtivery of possession against order of Court by manipulating warrant Dakhal Malikana and issuing warrant Dakal for actual possession---Remedy---Execution of decree for purposes of attachment, sate or delivery of only .land or produce thereof, would be addressed to Collector or such Revenue Officer as to be appointed for purposes of execution--Provision of .70(), C.P.C. bars jurisdiction of Civil Courts by providing that power conferred upon Collector or arty gazetted subordinate of Collector or any Appellate or Revisional Authority would not be exercisable by Court or by arty Court in exercise of Appellate or Revisional jurisdiction which it possessed with respect to orders of Court---Collector on receipt of warrant for delivery of possession, would give possession to decree-holder on that date which was specified in decree in the order, of execution issued by Civil Court---Where land of which possession was to be given was in cultivating possession of debtor, Collector would at once refer to Civil Court for instructions as to whether or riot a was to delay execution until any crop which might have been sown by -debtor arid standing on that land had been removed---Warrant of possession must contain endorsement that property in question, vas found in possession of so anti so who was bound by decree in question, or who was holding on behalf of specific person and that he was required to vacate property and was, on account of refusal, removed from property and party entitled under decree was put in possession of immovable property---Revision of R.70, West Pakistan Land Revenue Rules, 1968, provides procedure for determining claim of person found in possession of agricultural land---Order/direction to deliver possession could not be made without first specifying person in…