AMEER AHMED vs PROVINCE OF SINDH through Secretary Revenue Sindh, Secretariat Karachi S — 2023 MLD 561 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 561 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: AMEER AHMED vs PROVINCE OF SINDH through Secretary Revenue Sindh, Secretariat Karachi S
Subject matter: Civil
Provisions referred to: S. 53---C; S. 53; Civil Procedure Code (V of 1908); 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

AMEER AHMED VS PROVINCE OF SINDH through Secretary Revenue Sindh, Secretariat Karachi S. 53---Civil Procedure Code (V of 1908), O. VII, R. 11---Entry in revenue record---Plea of fraud---Plaint challenging entry rejected by Trial Court---Validity---Applicant purchased the land by way of registered sale deed regarding which the entry was kept---Huge portion of land was transferred in the name of respondent merely on oral statement---According to official version, record of such oral statement was untraceable---In the plaint it was specifically pleaded that when applicant acquired knowledge about the alleged fraudulent entry, he took steps to safeguard his interest---If the entire revenue remedy was not exhausted, then considering S. 53 of the Sindh land Revenue Act, 1967, the title dispute was to be adjudicated upon by the Civil Courts---Plaint of applicant could not have been rejected in such a cursory and mechanical manner as had been done by the Trial Court as well as Appellate Court---Courts had to see and evaluate right and interest of a person/litigant in view of documents produced by him/her---Applicant was deriving its title from a registered sale deed which had been given recognition by the Revenue Official/respondent by keeping a mutation entry---Where prima facie there was a strong case of entitlement in favour of a person, he should not be non-suited, merely on ground that one of the final remedies was not exhausted under the revenue hierarchy, which remedy otherwise appeared to have become illusory in nature---In case in hand, there was ex facie triable issues involved which could only be decided after leading evidence---Civil revision was allowed and case was remanded to Trial Court, in circumstances.

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