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Propriety rights

Propriety rights legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 MLD 1618 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
S. 42Limitation Act (IX of 1908), S. 120Colonization of Government Lands (Punjab) Act (V of 1912), S. 36Suit for declarationLimitationPropriety rightsJurisdiction of civil courtPlaintiffs filed suit for declaration of their title and they challenged allotment and conferment of proprietary rightsSuit was dismissed concurrentlyValidityConsecutive entries of bifurcation of both the killa numbers had been referred in Khasra girdawariBifurcated Khasra numbers had been allotted and proprietary rights had been givenTotal land mentioned in the sale deed was to be considered as transferred in favour of vendee by the vendorPresumption was attached to the figure of total property mentioned in the documentDetail of property was mentioned just for identificationSale deed was clear that specified land had been transferred by the authorities and amount had been paidPatwari had implemented the sale deedNo illegality had been committed by the revenue officials while implementing the sale deedPlaintiffs-petitioners failed to establish their right of ownershipDeclaration of title already in existence could be granted but no new right could be created through declaratory decreeFor challenging transfer, the plaintiffs-petitioners were required to show that the same was without jurisdiction

If the authority had exercised jurisdiction vested in it by law, then the bar was applicable and if the authority had exercised jurisdiction not vested in it by statute, then the bar contained in the statute was not applicable

Plaintiffs-petitioners failed to show that the jurisdiction exercised by official defendants was not vested in them, hence, bar of jurisdiction was applicable and suit was not competent

Permission to file fresh suit could not enhance the limitation for filing suit

Under Art. 120 of the Limitation Act, 1908, for filing declaratory suit, the limitation was six years

Present suit was filed after six years from filing of earlier suit and the same was time barred

Plaintiffs-petitioners were bound to annex with revision petition, the certified copies of pleadings, complete evidence, orders and judgments/decrees

Due to non-filing of said documents the revision was not competent

Revision was dismissed.

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Precedents & Case Laws citing "Propriety rights"

MLD 2023
2022-March-30

2023 M L D 2109

HADAYAT ULLAH (DECEASED) through Legal Heirs and others — Petitioners Versus PROVINCE OF THE PUNJAB through District Officer Revenue, Bhakkar

Court: Lahore
YLR 2011
Regular Second Appeal No.15 of 2005, decided on 7th June, 2011.

2011 Y L R 2733

Mst. AMIR BANO and others — Appellants Versus GOVERNMENT OF PUNJAB, and others — Respondents

Court: Lahore
PLD 2024
2024-July-4

P L D 2024 Supreme Court 1235

MEMBER, BOARD OF REVENUE, PUNJAB and others — Petitioners Versus SHERAZ KHAN — Respondent

Court: High Court
YLR 1999
N/A

1999 Y L R 981

MUMTAZ HUSSAIN ‑‑‑Petitioner Versus FAIZULLAH and 5 others‑ Responder

Court: Lahore
SCMR 2012
Civil Appeal No. 2128 of 2006, decided on 11th May, 2012.

2012 S C M R 1007

PROVINCE OF PUNJAB through Secretary Colonies, Board of Revenue, Lahore and others — Appellants Versus Ch. ABDUS SATTAR — Respondent

Court: Supreme Court of Pakistan
MLD 2022
2021-September-6

2022 M L D 1129

MUHAMMAD FAROOQ and others — Petitioners Versus MEMBER (JUDICIAL-II) BOARD OF REVENUE, PUNJAB LAHORE and others — Respondents

Court: Lahore (Bahawalpur Bench)
YLR 2020
Civil Revision No. 843-D of 2011, decided on 27th November, 2019.

2020 Y L R 1408

MUKHTAR AHMAD — Petitioner Versus PROVINCE OF PUNJAB and others — Respondents

Court: Lahore (Multan Bench)
PLC(CS) 2010
Writ Petition No.9713 of 2007, decided on 24th February, 2010.

2010 P L C (C

NAUBAHAR ALI Versus VICE-CHANCELLOR and others

Court: Lahore High Court
SCMR 2024
Civil Petition No. 562-K of 2024, decided on 8th August, 2024.

2024 S C M R 1796

Mst. MUSSARRAT SHAHEEN — Petitioner Versus Mst. VERBEENA KHAN AFROZ and others — Respondents

Court: Supreme Court of Pakistan
SCMR 2024
Civil Petition No. 2885 of 2022, decided on 8th November, 2023.

2024 S C M R 452

NASIR KHAN — Petitioner Versus NADIA ALI BUTT and others — Respondents

Court: Supreme Court of Pakistan