2016 PLP 1087 (YLR)
FIDA HUSSAIN and others — Petitioners Versus D.O.R./COLLECTOR, D.I. KHAN and others — Respondents
| Citation | 2016 PLP 1087 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Muhammad Ghazanfer Khan, J |
| Parties | FIDA HUSSAIN and others — Petitioners Versus D.O.R./COLLECTOR, D.I. KHAN and others — Respondents |
| Primary Law | Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967) |
Q1: What are the key laws and sections cited in 2016 PLP 1087 (YLR)?
This judgment primarily cites: Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 1087 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Muhammad Ghazanfer Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 1087 (YLR) (FIDA HUSSAIN and others — Petitioners Versus D.O.R./COLLECTOR, D.I. KHAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zainul Aabidin for Appellants.
- Adnan Ali Assistant Advocate General and Malik Muhammad Bashir for Respondents.
- Date of hearing: 12th March, 2015.
Headnotes / Summary
Ss. 53 & 172
Suit for declaratory decree by persons aggrieved by any entry in record
Exclusion of jurisdiction of civil court in matters within jurisdiction of revenue officers
Plaintiff filed suit for declaration and injunction for restoration of entries in record of rights, which was dismissed by both courts below for want of jurisdiction
Sections 53 & 172(6) of Khyber Pakhtunkhwa Land Revenue Act, 1967 related to different situations
Section 172(6) of Khyber Pakhtunkhwa Land Revenue Act, 1967 dealt with correction of entry in record of rights, periodical record or register of mutations
Section 172(6) of Khyber Pakhtunkhwa Land Revenue Act, 1967 came into play when there was correction of entry in revenue record, but S. 53 of the Act, dealt with right of party
Party would have to invoke jurisdiction of civil court to get his title declared if it felt himself aggrieved of an order as to entry in record of rights or periodical record of which he was in possession
Plaintiff, as per statement of Patwari Halqa and relevant record produced by him, was shown to have been tenant-at-will for decades
Said entry, however, had been removed abruptly without any order from revenue hierarchy or any civil court in the relevant year
Both courts below had ignored the long standing entries in name of plaintiff
Both courts below had also skipped over the jurisdiction vested in them under the law
High Court, setting aside judgments and decrees, remanded the case for decision afresh
Revision petition was accepted in circumstances.
Judgment & Decree
MUHAMMAD GHAZANFER KHAN, J.
Through the instant revision petition, the petitioner has called in question the concurrent findings of the Courts below dated 1/7/2011 and 19/6/2012 passed by the learned trial Court and lower appellate Court respectively, whereby their declaratory suit coupled with prayer for issuance of perpetual mandatory and prohibitory injunction for restoration of entries in the Record of Rights and other revenue record has been dismissed.
2. After hearing learned counsel for the parties, perusal of record depicts that the petitioner has been non- suited by both the Courts below on the ground of jurisdiction alone. Section 53 of the West Pakistan Land Revenue Act 1967 reads that "if any person considers himself aggrieved of an entry in record of rights" or any periodical record as to any right of which he is in possession, he may institute a suit for declaration of his right under Chapter VI of Specific Relief Act 1887 (ACT-I of 1887).
3. Consequently, section 172 of the said Act Bars the jurisdiction of Civil Courts in certain matters enumerated in the section itself. However to be concise and to remain on the moot point, reference to subsection (6) of Section 172 of Act ibid will be sufficient to dispose of the present lis. Subsection (6) deals with correction of an entry in the record of rights, periodical record or register of mutations. Both these provisions of law relate to different situations. Subsection (6) comes into play when there is a correction of an entry in the revenue record, but Section 53 deals with the right of a party and if the party felt himself aggrieved of an order of an entry in record of rights or periodical record of which he is in possession, he will have to invoke the jurisdiction of Civil Court to get his title declared.
4. In the present case, statement of patwari halqa was recorded as PW-2 who produced plethora of record relevant for adjudication of this case which clearly indicate that the petitioners are shown as tenants-at will from decades. However, this entry was removed abruptly without any order from revenue hierarchy or any of the Civil Court in the year 1989-90. Both the learned Courts below have ignored the record available on file while passing the impugned judgments and have also ignored the factum of change of long standing entries in the names of petitioners.
5. Consequently both the Courts below have skipped over the jurisdiction vested in them under the law, hence this civil revision petition is accepted, their impugned judgments and decrees are set aside and the case is remanded to the trial court for decision afresh strictly in accord with law and after recording remaining evidence of the parties. SL/450/P Case remanded.