| Case ID |
0090ed04-b6db-43ad-9bab-1f2cb17907e4 |
| Body |
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| Case Number |
Civil Revision No.605 of 1987 |
| Decision Date |
Mar 29, 2000 |
| Hearing Date |
Mar 29, 2000 |
| Decision |
The Lahore High Court dismissed the revision petition on the grounds that the Civil Court lacked jurisdiction to entertain the matter due to section 26 of the West Pakistan Consolidation of Holdings Ordinance, 1960. The Court upheld the decisions of both the Additional District Judge and the Civil Judge, emphasizing that the jurisdiction of Civil Courts is barred in matters that the Government or Board of Revenue is empowered to decide under the Ordinance. The petitioners' claims regarding the issue of title were deemed inappropriate for civil court review, leading to the dismissal of the suit. |
| Summary |
This case involves the Lahore High Court's decision regarding the jurisdiction of Civil Courts in matters related to the West Pakistan Consolidation of Holdings Ordinance, 1960. The petitioners, represented by Khizar Abbas Khan, contended that their landholdings were unjustly reduced during consolidation proceedings, leading to their suit for declaration and temporary injunction. However, the Court upheld the lower courts' decisions, affirming that such matters are solely within the jurisdiction of designated authorities under the Ordinance. The key takeaway from this case highlights the limitations of Civil Courts in adjudicating matters that fall under specific legislative frameworks, particularly in land consolidation disputes. Keywords: land consolidation, jurisdiction, Civil Procedure, legal representation, Lahore High Court. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
CH. IJAZ AHMED
|
| Lawyers |
Khizar Abbas Khan for Petitioners,
Malik Akhtar Hussain Awan, Addl. A.G. for Respondents Nos. 1 and 2,
Hafiz Khalil Ahmad for Respondents Nos. 3 to 18
|
| Petitioners |
4 others,
SARDARA
|
| Respondents |
17 others,
PROVINCE OF THE PUNJAB through Collector, District Jhang
|
| Citations |
2000 SLD 2065,
2000 CLC 1752
|
| Other Citations |
Muhammad Shafi v. Ahmed Din PLD 1961 Lah. 183,
Abdul Hakeem v. Habibullah 1997 SCMR 1139,
Muhammad Rafiq's case 1983 SCMR 1024,
Mst. Hijiani and another v. W.P. Land Commissioner, Lahore PLD 1966 SC 114,
Feroze Mining Ltd., Abbottabad's case PLD 1990 Pesh. 174
|
| Laws Involved |
West Pakistan Consolidation of Holdings Ordinance,
Civil Procedure Code,
Specific Relief Act
|
| Sections |
26,
9,
XXXIX, Rr. 1, 2,
42
|