Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)-------S. 3---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), O.XXVI, R.9---Demarcation of land occupied and used as a building site---Jurisdiction of Revenue Authorities---Scope---Section 3, West Pakistan Land Revenue Act, 1967 provided that except for certain restricted physical purposes nothing in the said Act would apply to land which was kept/used as a building site---Undisputedly suit properties were no more agricultural land and were building sites, located within the municipal limits hence demarcation reports of such properties by the officials working in revenue hierarchy under West Pakistan Land Revenue Act, 1967, were prepared unauthorizedly---Said reports produced by parties did not resolve the controversy as to whether the suit properties were owned by plaintiffs according to their claim or had been encroached upon by plaintiffs as per assertions of defendants---Reports of Local Commissioner relied upon by Trial Court prepared about nine years earlier to the institution of suit without associating the adversaries on the day of demarcation, had no legal sanctity and could not be based for settlement of dispute inter parties in just manner---Court should have deputed Local Commissioner for demarcating land in dispute but same was neither adverted to nor was resorted by any of the two Courts below---Impugned s and decrees passed by Courts below having tainted with material illegalities and irregularities were set aside and case was remanded with direction to decide the suits afresh after having fresh demarcation through some senior revenue experts in accordance with law. Ghulam Rasul v. Ikram Ullah and another PLD 1965 (W.P.) Lah. 429; Tahir Hanif v. Member, Board of Revenue and others 1982 CLC 1732; Syed Aslam Shah and 3 others v. Mst. Sakina and another 1988 MLD 1596 and Pervez Ahmed Khan Burki and 3 others v. Assistant Commissioner, Lahore Cantt. and 2 others PLD 1999 Lah. 31 ref. Sh. Naveed Shaharyar for Petitioners. Irfan Masood Sheikh for Respondents Nos.1 and 2. Muhammad Ilyas Khan and Abdul Rauf Patwaris, Khushab for Respondent No.3. Date of hearing: 24th March, 2006.…

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