P L D (Rev (PLP)
JUMA‑Appellant Versus HAKIM ALI and other‑Respondents
| Citation | P L D (Rev (PLP) |
| Forum / Court | |
| Bench Members | Saidullah Khan, Financial Commissioner |
| Parties | JUMA‑Appellant Versus HAKIM ALI and other‑Respondents |
| Primary Law | Partition |
Q1: What are the key laws and sections cited in P L D (Rev (PLP)?
This judgment primarily cites: Partition as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D (Rev (PLP)?
The case was heard and decided by the bench comprising: Saidullah Khan, Financial Commissioner.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D (Rev (PLP) (JUMA‑Appellant Versus HAKIM ALI and other‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑Mode of‑Classification of land‑All Khasra Nos. Chahi and equidistant from Abadi‑No justification for signling out one Khasra No. for separate classification. Where almost all the Khasra Nos. 387, 388, 389, 390 and 391 comprising of an area of about 20 kanals are more or less equidistant from the village abadi and comprise one solid block. It is, therefore, exceedingly difficult to appreciate why a parti tion of this block comprising of Khasra No. 391 with an area of about 2 kanals and 13 marlas‑all the Khasra Nos. being Chahi‑should be classified separately to the exclusion of others.
Judgment & Decree
SAIDULLAH KHAN, F. C.‑This is an application for revision against the order of the Commissioner, Rawalpindi Division dated the 25th August, 1951, by which he rejected the appeal preferred by the petitioner, Juma. Juma in person and Hakim Ali with his counsel present and heard. The sole contention of the petitioner, Juma, in this case was that there was no appreciable difference between the quality of the Chahi land comprising of Khasra numbers 387, 388 389, 390 and 391, and it would therefore be nothing short of hardship to disturb the possession of the respective owners, particularly his own since the last about 50 or 55 years. The plea of the learned counsel for the respondents on the other hand was that as the land comprising of Khasra No. 391 was adjacent to the village abadi and could be used for the purposes of construction of houses, it was only fair that each owner should be allotted 1/3rd share in that Khasra number. The total area of Khasra number 391 according to the parties, was 2 kanals and 13 marlas. I. have gone through the records of this case carefully and seen the orders of the Assistant Collector, 1st Grade the learned Collector and the Commissioner and observe therefrom that neither the Collector nor the Commissioner has applied his mind to the merits of this case in so far that almost all the Khasra numbers (387, 388, 389, 390 and 391) comprising oft an area of about 20 kanals are more or less equidistant from the village abadi and comprise one solid block vide the shijra‑i‑akas Exhibit "A". It is therefore exceedingly difficult to) appreciate why a partition of this block comprising of Khasrai number 391 with an area of about 2 kanals and 13 marlas all the Khasra numbers being chahi should be classified separately to the exclusion of others. I am accordingly of the view that the classification effected by the Assistant Collector 1st Grade, viz : (i) Chahi (ii) Barani ; and (iii) Ghair mumkin was the only correct classification under the circumstances and his order did not warrant any interference on the part of the Collector or the learned Commissioner. In accepting, therefore, this revision petition I restore the order of the Assistant Collector 1st Grade and order accordingly. Revision petition accepted. A. H. Petition accepted.