2016 CLCN 53 PESHAWAR-HIGH-COURT

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GHULAM HAIDER VS MASAUD 1983 SCMR 366, 2011 YLR 872, Constitutional petition--TERM , Demarcation of land--Term , Eviction petition--Term , Jurisdiction of Civil Court--TERM , Khyber Pakhtunkhwa Land Revenue Act 1967--117 , Khyber Pakhtunkhwa Land Revenue Act 1967--122 , Ss. 122 & 117---Constitution of Pakistan, Art.199---Constitutional petition---eviction petition---Demarcation of land---Jurisdiction of Civil Court---Scope---Respondents moved application before revenue officer for eviction of petitioners which was accepted concurrently---Validity---Respondents had filed suit for possession with regard to suit property which was dismissed---Demarcation of land would come within the exclusive domain of the revenue authorities---Civil suit for possession had necessarily to be filed in the civil court to claim possession of the area demarcated and encroached upon---Civil court could appoint commission for demarcation but same would be conducted by the revenue officials---Constitutional petition was accepted and impugned orders were set aside.