Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---West Pakistan Land Revenue Act (XVII of 1967), Ss.42 & 172---Suit for declaration---Mutation entered on basis of registered sale-­deed was cancelled by Revenue Officer, which order was upheld up to Board bf Revenue---Plaintiffs claiming ownership in land on basis of sale-deed, filed suit for declaration regarding their rights---Defendant's plea was that the suit was barred by S.172 of West Pakistan Land Revenue Act, 1967---Validity---Jurisdiction of Civil Court under S.172 of West Pakistan Land Revenue Act, 1967 had not been fully ousted, but same had been ousted only to the extent of correction of entries made by Revenue Officer in performance of his duty without touching rights of persons recorded in land record or record of rights--­Ownership of property in dispute had been claimed on basis of registered sale-deed and not on basis of mutation---Cancellation of mutation would not alter position as sale-deed was intact---Such plea had no force at all. Rastamal Khan and others v. Nabi Sarwar Khan and others 1996 SCMR 78; Sardar and 5 others v. Rashid Ahmad and 12 others 1994 SCMR 1454 and Mst. Gul Pari alias Gulbaro v. Zarin Khan and others PLD 1994 Pesh. 249 rel. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 172---Specific Relief Act (I of 1877), S.42---Exclusion of jurisdiction of Civil Court---Scope---Functions assigned to Revenue Courts and methodology adopted for discharge of such functions are beyond jurisdiction of Civil Court---Function of Revenue Court is to prepare Revenue Record in light of evidence with regard to one's title or interest---Finality is attached to orders passed by Civil Court, which ultimately determines civil rights. (c) Land Reforms Act (II of 1977)--- ----S. 6--Sale of land left with owner after surrendering surplus land--­Validity---Landowner could rightly sell any portion 'of property, which had been left with or retained by him after surrendering excess area--­Such sale would not be hit by S.6 of the Act. (d) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Plea neither raised in written statement nor in memo of appeal before Courts below---Such plea…

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