Mst. FALAK SHEHNAZ vs Mst — 2025 PLD 1 PESHAWAR-HIGH-COURT

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Mst. FALAK SHEHNAZ VS Mst. FARAH DEEBA Ss. 5 & 7---Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), S. 135 & Chapter XI---Land Record Manual, Para. 18---Civil Procedure Code (V of 1908), S. 9---Property disputes---Jurisdiction---Principle---In cases where a woman is deprived of her right relating to a property, when her title is clear and the person depriving her of her rights is not co-owner in suit property, then Ombudsperson, after a preliminary inquiry can pass an order under S. 5 of Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019 by putting her in possession of the property---When a woman as well as other members of her family are joint owners in the disputed property, then in case of agriculture property which is assessed under Khyber Pakhtunkhwa Land Revenue Act, 1967 the mechanism for partition is provided under S. 135, Chap. XI of Khyber Pakhtunkhwa Land Revenue Act, 1967 read with paragraph No.18 of Land Record Manual---Similarly where any immovable property is outside the scope of Khyber Pakhtunkhwa Land Revenue Act, 1967, then under S. 9 of Civil Procedure Code, 1908, claimant can approach Civil Court for separation of share/partition of the disputed property. Citation Name: 2025 PLD 1 PESHAWAR-HIGH-COURTBookmark this Case Mst. FALAK SHEHNAZ VS Mst. FARAH DEEBA Ss. 4, 7 & 12---Women's property rights---Determination---Attachment of property---Ombudsman, jurisdiction of---Appellant was aggrieved of order passed by Ombudsman attaching and sealing entire disputed property till the decision of complaint---Validity---There was an apparent disparity between Ss. 4 & 7 of Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019---Woman who was deprived of her ownership or possession of property could file a complaint under S. 4 of Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019 to Ombudsperson if no proceedings in a court of law were pending regarding the property---Whereas in S. 7 of Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019, the Ombudsperson was given authority to entertain a complaint in respect of any dispute relating to property right of woman despite pendency of claim before competent court of law---Ombudsperson was authorized to conduct enquiry, investigation and probe through Deputy Commissioner and could conduct a summary enquiry---After conclusion of such enquiry, Ombudsperson could file a report in Court of law in which the case was already pending, recommending that the proceedings in Court could be terminated or put in abeyance unconditionally or subject to any Court order the Ombudsman be permitted by the Court to take further proceedings under the Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019---High Court referred the matter to Provincial Government for appropriate measures in the matter---Appeal was disposed of accordingly. Citation Name: 2025 PLD 1 PESHAWAR-HIGH-COURTBookmark this Case Mst. FALAK SHEHNAZ VS Mst. FARAH DEEBA S. 4---Proceedings before Ombudsperson---Joint property---Scope---There is an inherent defect in Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019 as it does not provide procedure for share of woman when it is jointly held/owned by her along with other members of her family.

Mst. FALAK SHEHNAZ vs Mst — 2025 PLD 1 PESHAWAR-HIGH-COURT

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