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Citation Name: 2024 YLR 982 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MAJEED vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary, Housing and Physical Planning at Peshawar S — 2024 YLR 982 PESHAWAR-HIGH-COURT

Case information

Citation
2024 YLR 982 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 982 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MAJEED vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary, Housing and Physical Planning at Peshawar S
Subject matter
Civil
Provisions referred to
S. 42---K; S. 13---S; S. 42; Specific Relief 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 YLR 982 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MAJEED VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary, Housing and Physical Planning at Peshawar S. 42---Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act (V of 1977), S. 13---Suit for declaration filed before the Tribunal constituted under Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977 dismissal of---Validity---Jurisdiction of the Tribunal---Scope---Contents of the plaint self-negated the stance of the petitioners/plaintiffs who claimed themselves to be the owners of the suit-property---In such a scenario, when the entries of the record-of-rights or periodical records were intended to be challenged to be ineffective upon their rights, their claim could only be considered when the suit would have been filed under S. 42 of the Specific Relief Act, 1877, but in present circumstances, no such relief could be granted by the Tribunal in view of its limited jurisdiction---Jurisdiction of the Tribunal was only to the extent that the property was not a part of public property, therefore, the contention of the petitioners/plaintiffs that they were not afforded opportunity to produce the evidence or that the property was not acquired as alleged by the respondents, was misconceived---Impugned judgment and decree was based on correct appreciation of facts/record, whereas the petitioners had not been able to point out any illegality, irregularity, mis-reading or non-reading of record or jurisdictional defect---Constitutional petition was dismissed, in circumstances.

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