Citation Name: 2024 MLD 1937 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Latif vs Abdul Nabi Ss — 2024 MLD 1937 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 1937 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 1937 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Latif vs Abdul Nabi Ss
Subject matter: Civil
Provisions referred to: S. 172; Balochistan Land Revenue Act (XVII of 1967); Balochistan 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

Citation Name: 2024 MLD 1937 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Latif VS Abdul Nabi Ss.42, 8 & 54---Balochistan Land Revenue Act (XVII of 1967), S.172(2)(xviii)---Suit for declaration, possession and permanent injunction---Question of title of property---Jurisdiction of Civil Court---Scope---Plaintiff sought a declaration in the suit that he was owner of suit property which had been taken over by the respondents---Suit was dismissed on the ground that Civil Court had no jurisdiction and the matters fell within the jurisdiction of Revenue court---Validity---S.172(2)(i) of the Balochistan Land Revenue Act, 1969, (Act) empowers the Revenue Officer to resolve the issues in exclusion of the jurisdiction of the Civil Court, pertaining to the limits of a land, claim of a partition or any other question connected with or arising out of the proceedings of the partition, but S.172(xviii)(2) of the Act clearly excludes the jurisdiction of the Revenue Authorities, where question of title is involved---Parties were contravening and repelling the stances of one and the other, which obviously could not be decided without appraisal of the evidence, thus, the Revenue Court was not competent to resolve such factual controversy and the r ight forum for determination of the factual controversy was only the Court of civil jurisdiction---Civil revisions were allowed, in circumstances.

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