KHANIMULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA Para — 2022 CLC 1879 PESHAWAR-HIGH-COURT

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KHANIMULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA Para. 2(a)---Settlement of Immovable Property Disputes (Dir and Swat) Regulations, 1972 (Martial Law Regulations No. 123 dated 12-04-1972), Paras. 3(1)(a)(b)(c) & 5-A---Civil Procedure Code (V of 1908), O.VII, R.10---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and injunction---Jurisdiction--- Return of plaint--- Petitioners / plaintiffs claimed suit properties to be their ancestral properties or purchased by them--- Properties in dispute were recorded in the name of Land Commission, who was custodian of properties of ex-rulers of Swat or their legal heirs--- Trial Court and Lower Appellate Court concurrently returned plaints to petitioners / plaintiffs for want of jurisdiction--- Validity--- Petitioners / plaintiffs claimed their ownership of properties, which was basically owned by ex-rulers, so such disputes were disputes falling within the scope of para 3 of Settlement of Immovable Property Disputes (Dir and Swat) Regulation, 1972 (Martial Law Regulation No.123 dated 12-04-1972)---Such disputes were to be determined by specifically authorized person by Provincial Government in such behalf under para 5-A of Settlement of Immovable Property Disputes (Dir and Swat) Regulation, 1972 (Martial Law Regulation No. 123 dated 12-04-1972)---Any court or other authority had no jurisdiction to entertain and decide such disputes under Para 3 (3) of Settlement of Immovable Property Disputes (Dir and Swat) Regulation, 1972 (Martial Law Regulation No. 123 dated 12-04-1972)---High Court declined to interfere in judgments and decrees passed by two Courts below as Civil court did not have jurisdiction to entertain such disputes---Revision was dismissed, in circumstances. Head Notes

KHANIMULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA Para — 2022 CLC 1879 PESHAWAR-HIGH-COURT

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