Muhammad Naeem vs The Member (Judicial-ii), Board of Revenue Punjab, Lahore Ss

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Muhammad Naeem VS The Member (Judicial-ii), Board of Revenue Punjab, Lahore Ss.135, 135a & 141---Disposal of questions as to title in the property to be partitioned---Powers of the revenue hierarchy---Scope---application for partition of agricultural land in a joint khata was ordered to be decided by the revenue hierarchy---Petitioners challenged the proceedings on the application for partition by the revenue officials during the pendency of civil suit---Validity---Punjab Land Revenue act, 1967 (act), is a special law which deals with the matters pertaining to the rights in the agricultural land and S. 135a clearly directs the Revenue Officer to immediately start the partition proceeding seven if any application is submitted by the co-owners or not and also to decide the said matter expeditiously---after amendment in S.141 of the act through the Punjab Land Revenue (amendment) act, 2015, in respect of the partition between the parties at the time of incorporation of in-heritance mutation, if the parties/co-sharers agree for the scheme of private partition then the Revenue Officer shall affirm the scheme otherwise he shall immediately commence the proceedings of partition of the joint holding and complete the same within thirty days---If any question of title in the holding arises during the partition proceedings, the Revenue Officer under S.141 of the act is fully competent to decide such issue after hearing the parties and the decision of Civil Court is not required in that regard---Under S.141 of the act if a question of title in the holding is raised in the partition proceedings, the Revenue Officer shall inquire into the substance of such question and decide the matter after hearing the parties, whereas, in the petitioners' case, the title of the suit land was not disputed between the parties rather petitioners claimed that private settlement had already been arrived at between the parties as per S.135-a of the act, thus, the Revenue Officer had jurisdiction to adjudicate the matter regarding some private settlement in respect of the joint property---High Court in view of the verdict of the Supreme Court of Pakistan found that the petitioners were trying to linger on the matter on frivolous and unwarranted grounds---Constitutional petition was dismissed, in circumstances.

Muhammad Naeem vs The Member (Judicial-ii), Board of Revenue Punjab, Lahore Ss — 2025 MLD 31 LAHORE-HIGH-COURT-LAHORE

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