Citation Name: 2023 CLC 690 PESHAWAR-HIGH-COURTBookmark this Case LAJBAR KHAN vs KAMIN KHAN S

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Citation Name: 2023 CLC 690 PESHAWAR-HIGH-COURTBookmark this Case LAJBAR KHAN VS KAMIN KHAN S.9---Civil Court, jurisdiction of---Determining factors---Jurisdiction of Civil Courts to try civil cases can be classified into (a) territorial jurisdiction; (b) pecuniary jurisdiction; and (c) jurisdiction over subject matter---Jurisdiction over subject matter of suit of civil nature is most pivotal and determinative as regard assumption and exercise of jurisdiction by any Civil Court, such jurisdiction is through special enactments and statutes. Citation Name: 2023 CLC 690 PESHAWAR-HIGH-COURTBookmark this Case LAJBAR KHAN VS KAMIN KHAN S.12---Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), Ss.135 & 147---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for specific performance of private partition agreement---Partition of agricultural land---Rejection of plaint---Concurrent findings of facts by two Courts below---Petitioners / plaintiffs sought partition of agriculture land but plaint was rejected by Trial Court and Lower Appellate Court---Validity---Revenue hierarchy under S.135 of Khyber Pakhtunkhwa Land Revenue Act, 1967, as well as all other enabling provisions was bound to make official partition among co-sharers--- During such process, if there was any private arrangement / private partition among the parties the same could be entertained and acted upon in view of S.147 of Khyber Pakhtunkhwa Land Revenue Act, 1967---Such private partition could only be entered and acted upon if all stakeholders were agreed to the same but the moment private arrangement / private partition was denied or disputed or controverted by a co-sharer, then he could not be compelled for the same and in such eventuality, revenue hierarchy was bound to proceed with official partition---High Court declined to interfere in the matter as petitioners / plaintiffs failed to point out any illegality / irregularity committed by two Courts below while passing their judgements and decrees, which were correct and in accordance with the relevant law on the subject---Revision was dismissed in circumstances.

Citation Name: 2023 CLC 690 PESHAWAR-HIGH-COURTBookmark this Case LAJBAR KHAN vs KAMIN KHAN S — 2023 CLC 690 PESHAWAR-HIGH-COURT

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