KAMALUDDIN vs ABDULLAH Ss — 2021 CLC 37 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 37 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: KAMALUDDIN vs ABDULLAH Ss
Subject matter: Civil
Provisions referred to: S. 172; Balochistan Land Revenue Act (XVII of 1967); Balochistan Land Revenue Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KAMALUDDIN VS ABDULLAH Ss.42, 39 & 54---Balochistan Land Revenue Act (XVII of 1967), S.172(2)(xviii)---Suit for declaration, cancellation of mutation, possession and permanent injunction---Jurisdiction of Civil Court---Scope---Contention of plaintiff was that he was owner of suit property which had not been partitioned---Suit was decreed by the Trial Court---Validity---Question of title was involved in the present case and Civil Court was the only forum to resolve the controversy after recording evidence---Civil Court could not exercise jurisdiction over a claim for partition of an estate or holding or any question connected with or arising out of the proceedings of partition, not being a question as to title in any of such property---When question of title was raised in a suit then provisions of S.172(2) (xviii) of Balochistan Land Revenue Act, 1967, would not come in the way of Civil Court to decide the issue---Present suit had been filed for partition on the ground of inheritance---Suit property had been left by the forefathers of the parties---Private partition had created title and interest of plaintiff in the suit property---Suit of plaintiff did fall within the domain of Civil Court, in circumstances---Plaintiff was owner of suit land---Trial Court had rightly passed the impugned judgment and decree in favour of plaintiff---Appeal was dismissed, in circumstances.

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