PROVINCE OF PUNJAB through District Collector, Jhang vs ALLAH BAKHSH art

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PROVINCE OF PUNJAB through District Collector, Jhang VS ALLAH BAKHSH art. 72---Documentary evidence---Proof---Producing documents in statement of advocate---Effect---Documents relied upon should be produced in evidence by party in its own statement so that adverse party may have a fair opportunity to cross-examine authenticity or veracity of such documents---Documents produced in statement of counsel of party lack intrinsic value and they can validly be excluded from being taken into consideration. Citation Name: 2024 CLC 1193 LAHORE-HIGH-COURT-LAHORE PROVINCE OF PUNJAB through District Collector, Jhang VS ALLAH BAKHSH S. 36---Civil Courts---Jurisdiction---When land is in the ownership of Provincial Government, then under S. 36 of Colonization of Government Lands (Punjab) Act, 1912, the Civil Court has no jurisdiction to enter into the vested right of the Revenue hierarchy. Citation Name: 2024 CLC 1193 LAHORE-HIGH-COURT-LAHORE PROVINCE OF PUNJAB through District Collector, Jhang VS ALLAH BAKHSH Ss. 42 & 54---Punjab Land Administration Manual, Para. 774---Suit for declaration and injunction---TIRNI GUZAR---Connotation---Non-existing right---Effect---Respondents / plaintiffs were in possession of State land in their capacity of TIRNI GUZAR---Suit was decreed in favour of respondents / plaintiffs concurrently by Trial Court and Lower Appellate Court---Validity---TIRNI GUZAR is merely a lessee / tenant and is not owner of land leased out to him---In revenue record petitioner / Provincial Government was shown owner of suit land and respondents / plaintiffs were mentioned as illegal occupants upon State land---There was neither any mutation nor any order of allotment ever passed in favour of respondents / plaintiffs---Possession of respondents / plaintiffs over suit land was of an illegal nature---All ethical, moral and legal norms favour law abiding persons and lends no support to illegal occupants, usurpers, transgressors, encroachers and grabbers of State land---Through suit for declaration under S. 42 of Specific Relief Act, 1877 only a declaration is issued regarding a pre-existing right and no fresh right can be created---Any suit for declaration with non-existent right is not maintainable---High Court in exercise of revisional jurisdiction set aside judgments and decrees passed by two courts below as they were the result of misreading and non-reading of evidence and failure to apply correct law---Resultantly suit filed by respondents / plaintiff was dismissed---Revision was allowed, in circumstances.

PROVINCE OF PUNJAB through District Collector, Jhang vs ALLAH BAKHSH art — 2024 CLC 1193 LAHORE-HIGH-COURT-LAHORE

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