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SULTAN-UL-ARIFEEN vs Mst — 2025 PLD 155 PESHAWAR-HIGH-COURT

Case information

Citation
2025 PLD 155 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2025
Reporter
PLD
Parties
SULTAN-UL-ARIFEEN vs Mst
Subject matter
Civil
Provisions referred to
S. 30

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

SULTAN-UL-ARIFEEN VS Mst. MUSARRAT SHAHEEN Ss. 18, 30 & 54---acquisition of land---Compensation---Entitlement---Private partition---Effect---Referee Judge accepted objections of respondents and held them entitled to compensation as co-sharers---Validity---Property was privately partitioned and as a result of such partition, all co-owners were assigned specific portions of properties---Such private partition was further strengthened through mutation and after getting their specific portions of holdings, the parties remained in constant possession in exclusion of other co-owners---Private partition was a bona fide transaction and no co-owner ever questioned its validity---as a result of such private partition, respondents/objectors were given property which was later on acquired---Petitioners were excluded from questioning such private settlement---Referee Judge had rightly held that respondents/objectors were entitled to receive amount of compensation of land by answering reference under S. 30 of Land acquisition act, 1894, in positive---High Court in exercise of appellate jurisdiction declined to interfere in the order passed by Referee Judge---appeal was dismissed, in circumstances.

Other judgments reported in 2025 PLD

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