Law:

Section:

Forest Act (XVI of 1927)-------S 29--.-Spcciflc Relief Act (I of 1877). S.42---Suit for declaration--­Plaintiff claimed to have purchased suit property through registered sale­deed, while plea of defendant (Provincial Government) was that same was, "protected forest" ---Trial Court, on basis of report of Local Commissioner and evidence of parties, decreed suit, which was upheld b$ Appellate Court --Validity---Notification was to be made after holding inquiry with regard to nature and extent of rights of Government and private persons over suit property---No such inquiry had been conducted ---Provincial Government could still hold such inquiry as there was no hurdle to its way--High Court directed Provincial Government to hold, inquire through impartial official/agency after associating plaintiff-- -High Court accepted revision petition, set aside and decree of Appellate Court, -and remanded case with directions to decide same in the light of inquiry report to be submitted by Provincial Government. Mat. Azam Khan Affandi v D.C., Swat and 7 others 2000 SCMR 548 fol. ' Tariq Javed, D.A.-G. for Petitioners. Ftda Gul for Respondent. Date of hearing: 20th November, 2003. JUDGMENT Khairul Bashar respondent/ plaintiff had filed suit against the petitioners/ defendants/Provincial Government- in the Court of learned Senior Civil Judge, Swat seeking declaration to the effect that he was owner of land mentioned in the heading of the plaint: Perpetual injunction restraining the petitioners/defendants to interfere in the property in dispute was also sought. The said suit was resisted by the petitioners/defendants by filing written statement. The learned trial Court after framing issues, recording pro and contra evidence of the parties, decreed the suit vide judgment and decree, dated 18-9-1997. Feeling aggrieved with the said judgment and decree, the petitioners /defendants filed appeal which was allowed, the judgment and decree passed by the learned trial Court was set aside' and the case was remanded back to the learned trial Court for decision afresh after the appointment of Local Commissioner for inspection of the spot and recording evidence of the parties. 2. Again the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492