| Citation(s) |
|---|
| 2007 SLG 2685 2007 SLD 2685 2007 CLC 1790 |
Sindh High Court
Civil Revisions Applications Nos.69 to 71 of 2004, decision dated: 31st May, 2005.
KHILJI ARIF HUSSAIN, J
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Civil Revisions Applications Nos.69 to 71 of 2004, decision dated: 31st May, 2005.
KHILJI ARIF HUSSAIN, J
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JAN MUHAMMAD ABBASI--Applicant
VS
MUKHTIARKAR ESTATE, LARKANA (BARRAGE MUKHTIARKAR) and others
Law:
Section:
Specific Relief Act (I of 1877)-------S. 42---Colonization of Government Lands (Punjab) Act (V of 1912), S.30---Sindh Revenue Jurisdiction Act (X of 1876), S.11---West Pakistan Land Revenue Act (XVII of 1967), S.53--Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration---Entries standing in plaintiff's name in record of rights as owner of State land---Cancellation of such entries by Authority for being made on basis of forged documents---Suit by plaintiff for declaring such order as ab inito void and illegal---Maintainability---Plaintiff had filed suit without first availing remedy available under West Pakistan Land Revenue Act, thus, suit was barred by S.11 of Sindh Revenue Jurisdiction Act, 1876---Provision of S.53, West Pakistan Land Revenue Act, 1967 would apply to a person aggrieved by some entry in record of rights, but would not apply to a suit questioning order of cancellation of an entry----An order not passed strictly in accordance with law, would not become an order without jurisdiction---Plaintiff, except oral statement, had not produced in court any document showing granting of State land to him in open Katchery and payment of its entire price by him---Suit was dismissed on merits and also for being non-maintainable. Hawaldar Sawar Khan v. Province of Sindh 1998 CLC 382; Muhammad Hafeez v. Jalal Din 1981 SCMR 1171 and Himayat Ahmad v. Khalid Khan and others 1991 MLD 153 rel. Muhammad Anwar Channa for Applicant-(in all R.As.). Muhammad Bachal Tonyo, Addl. A.-G. for Respondents (in all R.As.). Date of hearing; 17th May, 2005. JUDGMENT KHILJI ARIF HUSSAIN, J.---By this order I intend to dispose of Civil Revisions Applications Nos.69, 70 and 71 of 2004, as common questions of law are involved. 2. Brief facts for the purpose of deciding these revision applications are that applicant filed suit for declaration and permanent injunction in respect of agricultural land that they are the owners of the property bearing No.(sic) and further seeking declaration that the order dated 11-11-2000, passed by the respondent No.6 to cancel the Revenue Record and dispossess the applicant from. the property in question, as ab initio void and illegal. It…
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