JUMLA BASHINDGAN DEEN vs MUHAMMAD HUSSAIN S — 2023 MLD 1204 Gilgit-Baltistan Chief Court

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JUMLA BASHINDGAN DEEN VS MUHAMMAD HUSSAIN S. 42---Suit for declaration---Right in Shamilat Deh---Non-resident of village---Scope---Plaintiff claimed a right in Shamilat Deh (village common lands)---Trial Court and Appellate Court decreed the suit---Validity---Plaintiff had obtained property through private transactions and on the strength of those possessions he wanted his share in village common lands and grazing rights---It was nowhere mentioned in the plaint that the Shamilat lands in the defendant village had been partitioned---Plaintiff had claimed that in future if the common lands were divided he might be given his due share---Said statement was incorrect---Firstly, through this statement he wanted to enforce an expectant right which could not be enforced; secondly, the plaintiff was not specific in his claim regarding share in the common lands---Such statement of plaintiff could not be accepted for the reason that if the common land or Shamilat Deh was to be divided then such right went to the proprietary body of the village and if the property sought to be divided was State land then Provincial Government had the authority to allot the same---Plaintiff could only be considered as Malik Qabza and in his capacity he was limited owner to the extent of his private properties---Impugned judgments and decrees were set aside and the revision petition was accepted, in circumstances. Head NotesCase Description Citation Name: 2023 MLD 1204 Gilgit-Baltistan Chief CourtBookmark this Case JUMLA BASHINDGAN DEEN VS MUHAMMAD HUSSAIN S. 39(2)(b)---Wajib ul Arz---Meaning. Head NotesCase Description Citation Name: 2023 MLD 1204 Gilgit-Baltistan Chief CourtBookmark this Case JUMLA BASHINDGAN DEEN VS MUHAMMAD HUSSAIN S. 39---Shamilat Deh---Meaning. Head NotesCase Description Citation Name: 2023 MLD 1204 Gilgit-Baltistan Chief CourtBookmark this Case JUMLA BASHINDGAN DEEN VS MUHAMMAD HUSSAIN S. 39---Shamilat Deh---Malik Qabza---Meaning---Person is said to be a Malik Qabza who has been transferred rights only to a piece of land without the right to Shamilat. Head NotesCase Description

JUMLA BASHINDGAN DEEN vs MUHAMMAD HUSSAIN S — 2023 MLD 1204 Gilgit-Baltistan Chief Court

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