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GUL REHMAN vs SENIOR MEMBER BOARD OF REVENUE, PESHAWAR Ss — 2021 MLD 154 PESHAWAR-HIGH-COURT

Case information

Citation
2021 MLD 154 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
MLD
Parties
GUL REHMAN vs SENIOR MEMBER BOARD OF REVENUE, PESHAWAR Ss
Subject matter
Civil

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

GUL REHMAN VS SENIOR MEMBER BOARD OF REVENUE, PESHAWAR Ss. 135 & 141---application for partition of landed property---Suit for declaration---Stay of partition proceedings---Requirements---Petitioner filed application before Revenue Officer for dismissal of application for partition of landed property on the ground that he had filed a declaratory suit but same was dismissed---Validity---Parties were co-sharers of suit property and respondent had applied for separation of his recorded share---application before Revenue authorities to postpone partition proceedings was not maintainable---Suit of petitioner had already been dismissed---High Court observed that if ownership of the party seeking partition was disputed and Revenue Officer could not decide the dispute being intricate question of right then he should direct the parties to approach the competent Court for resolution of dispute---Mere institution of a suit by any of the parties on their own motion could not restrict the Revenue Officer to proceed in the matter of partition of a joint land---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2021 MLD

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