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Citation Name: 2024 CLC 1797 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD SALEEM vs The ASSISTANT COMMISSIONER TURBAT S — 2024 CLC 1797 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 CLC 1797 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
CLC
Parties
Citation Name: 2024 CLC 1797 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD SALEEM vs The ASSISTANT COMMISSIONER TURBAT S
Subject matter
Civil
Provisions referred to
S. 172; S. 9---D; 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

Citation Name: 2024 CLC 1797 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD SALEEM VS The ASSISTANT COMMISSIONER TURBAT S.172(2)(viii)---Civil Procedure Code (V of 1908), S.9---Dispute regarding ownership of property leased out for installation of a cell phone Tower---Allegation of fraud---Factual/disputed questions qua title, resolution of---Plenary jurisdiction of Civil Court---Scope---Civil Court is a Court of plenary jurisdiction and disputed question of facts and law regarding the title of the disputed property cannot be decided by the revenue authorities, proceedings before whom are summary in nature---In such like cases, the parties ought to approach the Civil Courts---Order passed by Assistant Commissioner was not sustainable in the eye of the law, having been passed in utter violation of the mandatory provision of the Revenue Act and the same was set aside---Constitutional petition was allowed accordingly.

Other judgments reported in 2024 CLC

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