Faiz Muhammad vs Province of Sindh through Secretary, Revenue Department Ss

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Faiz Muhammad VS Province of Sindh through Secretary, Revenue Department Ss. 42 & 54---Suit for declaration and injunction---Plaintiffs claiming that they acquired permanent rights in respect of land cultivated by them and their names were entered in revenue record as owner thereof---Respondents contended that the plaintiffs had not cultivated the land and had arranged false entries in the record with the connivance of village staff---Trial Court dismissed the suit whereas the appeal was also dismissed---Validity---Record showed that earlier order passed by the District Officer, Revenue sanctioning special "Hameshgi Yadasht" was passed without hearing the defendants and without considering the objections, it definitely was against the principles of natural justice and thus illegal and void and not sustainable in law---In case an impugned order was illegal and void, no limitation would run against such order---However, such point was only to be appreciated by Revenue Tribunal but the Executive District Officer, Revenue, had not discussed it in its order---Law favour adjudication on merits and procedural technicalities could not be allowed to stand in the way of administration of justice---In the plaint it was pleaded that Mukhtiarkar issued Ijazatnama to the plaintiffs after recovering malkana from them---Ijazatnama had been issued under the order of Deputy Commissioner which was always subject to appeal and revision and could not be considered as final---Since the order of Deputy Commissioner stood set-aside by a legal and valid order of the competent revenue tribunals, the plaintiffs could not be deemed to be owners of the suit land---Judgments of both the Courts below did not show any illegality or irregularity rather both were based upon material available on record--- Courts below while delivering their judgment/order had given cogent and sound reasons and there appeared no error, illegality or irregularity on the surface to call for any interference and no misreading and non-reading of evidence was apparent---Revision petition was dismissed accordingly.

Faiz Muhammad vs Province of Sindh through Secretary, Revenue Department Ss — 2024 MLD 644 KARACHI-HIGH-COURT-SINDH

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