KHURSHID vs ALTAF HUSSAIN Ss — 2021 YLR 1901 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1901 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: KHURSHID vs ALTAF HUSSAIN 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

KHURSHID VS ALTAF HUSSAIN Ss. 135, 137 & 172---Land Record Manual, para. 18.6---Partition of land---Consolidation of partition proceedings---Petitioners sought partition of their property in which respondents were proceeded ex-parte and partition was allowed---Revenue authorities declined to set aside ex-parte order but Board of Revenue accepted second revision of respondents and remanded the matter for decision afresh---Validity---When owners of joint holding of different revenue estates intended to separate their respective shares and when in respect of all estates applications were pending adjudication then it was far better in the interest of justice and for the parties that all such applications be decided simultaneously---Consolidating all such applications would be more appropriate so that any dispute with respect to shares, possession, carving out of Tatimma and potentiality of property keeping in view para 18.6 of Land Record Manual, be decided once for all---Applications of different estates of same sub-division could be consolidated, especially when no one was disputing the same---Philosophy and logic for consolidation of partition application was settlement of all kinds of disputes not only to Khewat ( ) but also to survey numbers either of the same or of different holdings ( )---High Court remanded the matter to revenue authorities for consolidated partition proceedings of both revenue estates synchronously---Petition was disposed of accordingly.

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