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Citation Name: 2024 YLR 2314 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mst. Aziza Khanum vs Member-II, Board of Revenue, Government of Balochistan, Civil Secretariat, Zargoon Road, Quetta Ss — 2024 YLR 2314 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 YLR 2314 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 2314 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mst. Aziza Khanum vs Member-II, Board of Revenue, Government of Balochistan, Civil Secretariat, Zargoon Road, Quetta Ss
Subject matter
Civil

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 YLR 2314 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mst. Aziza Khanum VS Member-II, Board of Revenue, Government of Balochistan, Civil Secretariat, Zargoon Road, Quetta Ss. 42 & 54---Suit for declaration and injunction---Petitioners / plaintiffs claimed to be owners in possession of suit property but both the Courts below concurrently dismissed their suit and appeal---Validity---No effort was made to produce second petitioner / plaintiff before Trial Court to substantiate the plea that her husband purchased the property from the persons in whose favour Permanent Transfer Deeds (PTDs) existed--- Claim of petitioners / plaintiffs to the extent of half piece of land under suit property was devoid of any merit and was rightly discarded by the two Courts below--- Both the Courts below committed misreading and non-reading of documentary evidence available on record and instead of decreeing the suit filed by petitioners / plaintiffs to the extent of their property, dismissed the entire claim--- High Court while setting aside the judgments and decrees passed by two Courts below to the extent of such portion of suit property declared the petitioners / plaintiffs owners in possession of the half of the property---High Court directed revenue authorities to transfer shares of petitioners / plaintiff in their record--- High Court further declared that if competent authority decided to dispose of remaining portion of property through auction on lease basis or by transferring ownership rights, the petitioners / plaintiffs would have the right to refusal to the highest bid obtained in such regard as superstructure over such portion of property was constructed by petitioners/plaintiffs---Revision was allowed accordingly.

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