YAR MUHAMMAD vs MUHAMMAD ALI S — 2021 MLD 215 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 215 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: YAR MUHAMMAD vs MUHAMMAD ALI S
Subject matter: Civil
Provisions referred to: S. 79---C; S. 79

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

YAR MUHAMMAD VS MUHAMMAD ALI S. 79---Constitution of Pakistan, Art. 174---Suits by or against Government---Suit involving Government land---Necessary party---Scope---Petitioners claimed ownership of 2500 to 3000 acres unsettled land---Validity---Suit property was unsettled land and was in the ownership of the Government---Neither the petitioners nor the respondents had produced any evidence to prove that they were actual owners of the disputed properties---Petitioners had arrayed the Member Board of Revenue and Tehsildar as defendants in their plaint but had not arrayed the Provincial Government through its Secretary as necessary party in the plaint---Suit in respect of the unsettled land in the absence of Government as the Provincial or Federal was not maintainable as contemplated under Art. 174 of the Constitution and S.79 of C.P.C.---Courts below had rightly dismissed the suit filed by petitioners---Revision petition was dismissed, in circumstances.

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