REHMATULLAH vs INAYAT KHOSO S — 2024 CLC 311 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 CLC 311 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: CLC
Parties: REHMATULLAH vs INAYAT KHOSO S
Subject matter: Civil
Provisions referred to: S. 172---J; Sindh Land 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

REHMATULLAH VS INAYAT KHOSO S.172---Jurisdiction of Civil Court---Scope---Dispute over ownership of agriculture land---There was no complete bar against civil Courts to entertain matters relating to agriculture land dispute---Sindh Land Revenue Act, 1967 ('Act') did not prohibit the Civil Court from determining the title of the plaintiff/respondent No. 1 to all land held jointly or from granting a declaration of joint ownership in disputed agricultural land---Plaintiff/respondent No. 1 was seeking relief for declaration regarding his share to the extent of 14-00 Acres from the suit land being the son of deceased and partition and separate possession of his share from the suit land---Applicants had denied his share in the suit land and refused to give him a share of the produce, therefore, the provisions of the Act did not support the disputation of the applicants that the suit of respondent No. 1 was barred---Apparently, Revenue Courts did not confer jurisdiction in partition proceedings where question of title was involved amongst the parties as envisaged in the provision of the Act---Suit of the respondent No. 1 was rightly decreed---Revision petition was accordingly dismissed.

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