Law: Civil Procedure Code (V of 1908)

Section: O.I,r.10

Law: Civil Procedure Code (V of 1908)

Section: O.I,r.10

Constitution of Pakistan (1973)------Art. 199---Constitutional petition---Petitioner had claimed that he having purchased the land in dispute from its previous owner, he was entitled to remain in possession of the same; and that respondents were legally duty bound to provide cover to his said possession---Respondents had disputed the claim of ownership of the petitioner over the said land---Validity---Wherever disputed facts were involved in the case, constitutional petition under Art. 199 of the Constitution, could not be entertained as inquiry was not permitted to be carried out to resolve such disputed questions of fact---Constitutional petition was dismissed. Atiqur Rehman Massan for Petitioner. Ghulam Rasool Mangi for Intervenor. Mushtaq Ahmed Abbasi, Asstt. A.-G. ORDER Heard learned counsel appearing for the parties. Petitioner Ferozuddin Riaz to be owner and in possession of the agricultural land admeasuring 30 acres, situated in Deh Gharo, un­surveyed Tapo Gharo, Taluka Mirpur Sakro, District Thatta, having purchased the same from one Muhammad Saleem son of Ayoub through a registered sale-deed, dated 7-1-2004. It is the case of the petitioner himself that he then approached the Director, Survey and Settlement Department, Board of Revenue, Government of Sindh, Hyderabad, with a request that the demarcation of the site may be had and to point out the land, which he claims to be under his ownership. His application to that effect was forwarded by respondent No.4 to Deputy District Officer (Rev.), Mirpur Sakro at Gharo, the respondent No.2, for legal action and further that "all legal requirements having been completed and lease money having been paid by the petitioner", Khata was mutated in his favour in Village Form-VII by the Revenue Mukhtiarkar concerned. Petitioner alleges that on the instigation of "high officials" the S.D.P.O. of Gharo Sub-Division and S.H.O. Dhabeji with their respective subordinate staff and others wanted to forcibly dispossess the petitioner from the said land and also issued such threats to him. Hence, the petitioner made the following prayers in this petition. "(a) To direct the respondents especially the respondent Nos.7 and 8…

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