2009 PLP 809 (YLR)
GUL BAHADUR and 20 others — Petitioners Versus AMAN KHAN and 59 others — Respondents
| Citation | 2009 PLP 809 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Shah Jahan Khan Yousafzai and Syed Yahya Zahid Gilani, JJ |
| Parties | GUL BAHADUR and 20 others — Petitioners Versus AMAN KHAN and 59 others — Respondents |
| Primary Law | West Pakistan Land Revenue Act (XVII of 1967) |
Q1: What are the key laws and sections cited in 2009 PLP 809 (YLR)?
This judgment primarily cites: West Pakistan Land Revenue Act (XVII of 1967) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 809 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Shah Jahan Khan Yousafzai and Syed Yahya Zahid Gilani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 809 (YLR) (GUL BAHADUR and 20 others — Petitioners Versus AMAN KHAN and 59 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mukhtar Ahmad for Petitioners.
Headnotes / Summary
S. 135
Constitution of Pakistan (1973), Art.199
Constitutional petition
Application for suspension of partition proceedings
Grievance of the petitioners was that their application for suspension of partition proceedings till the disposal of civil suit between the parties, was rejected
Proceedings in question were related to partition of the joint Khata among the co -owners
Petitioners would be allotted to extent of shares of those persons from whom they had acquired the title and only the owners of title would share in the partition
If some-body was in possession of some part of the joint holding in the Column of cultivation he would surrender it in favour of the owners of title
Revenue courts were right in holding that no cogent ground existed for suspension of the proceed ings in partition suit
No ground being available for interference in the orders passed by the revenue hierarchy constitutional petition was dismissed in limine.
Judgment & Decree
SHAH JEHAN KHAN YOUSAFZAI, J.
The grievance of the petitioners is that their application for suspension of partition proceedings till the disposal of civil suit between the parties was rejected.
2. We have heard the learned counsel for the petitioners who contended with vehemence that this case has got a chequered history and on the first round of litigation declaratory suit of the petitioners based on exchange mutation was decreed in their favour and it was kept intact up to this Court. The proceedings in question regarding partition of the joint Khata amongst the co-owners. The petitioners shall be allotted to the extent of shares of those persons from whom they have acquired the title and only the owners of title will get share in the partition. If some body is in possession of some part of the joint holding in the column of cultivation shall surrender it in favour of the owners of title. The Revenue Courts were right in holding that there is no cogent ground for suspension of the proceedings in partition suit. We found no ground for interference in the orders passed by the revenue hierarchy.
3. Resultantly this writ petition having no merits is dismissed in limine along with Interim Relief. H.B.T./39/P Petition dismissed.