Mian SHEHZADA JAN vs MUHAMMAD ISRAR S — 2022 PLD 147 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLD 147 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLD
Parties: Mian SHEHZADA JAN vs MUHAMMAD ISRAR S
Subject matter: Civil
Provisions referred to: S. 135---D; S. 135; S. 134; Khyber Pakhtunkhwa 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

Mian SHEHZADA JAN VS MUHAMMAD ISRAR S. 135---Determination of share in estate---Joint decree---Question was with regard to determination of respective shares in estate of parties, when there was no decree subsisted to such effect---Validity---Requirement of subsisting decree mentioned in S. 135 (b) of Khyber Pakhtunkhwa Land Revenue Act, 1967, meant such a decree where specific right of applicant or applicants to a particular share in some specific property stood determined with particularity, so that when application for partition was brought under S. 135 of Khyber Pakhtunkhwa Land Revenue Act, 1967, as to there was no doubt regarding extent of entitlement of a particular applicant or applicants---Joint decree or order in favour of whole tribe did not fulfill requirement of S. 134(b) of Khyber Pakhtunkhwa Land Revenue Act, 1967---Revenue Officer had rightly shown his inability and declined to determine numerous questions of title as the same was out of the purview of his jurisdiction---High Court declined to interfere in the matter of determination of such shares---Constitutional petition was dismissed, in circumstances. Head Notes

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