| Case ID |
09a7fa56-29cd-434a-b65b-11a4b162e1e7 |
| Body |
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| Case Number |
Civil Revision No. 191 of 1991 |
| Decision Date |
Aug 08, 2001 |
| Hearing Date |
Aug 08, 2001 |
| Decision |
The Lahore High Court accepted the revision petition and set aside both the impugned judgments and decrees with costs. The court ruled that the objections regarding the violation of M.L.R. 115 should have been raised before the Revenue Officer, and the orders made by the Revenue Officer as well as the Civil Court were found to be without jurisdiction. The partition order was declared void as it did not adhere to the legal requirements stipulated in the relevant laws, especially concerning Islamic injunctions. The High Court concluded that the findings of the lower courts were flawed and thus dismissed the suit filed by the respondents with costs throughout. |
| Summary |
In the case of Civil Revision No. 191 of 1991, the Lahore High Court addressed the complexities surrounding land partition disputes involving multiple parties. The primary legal issues revolved around the application of the Land Reforms Regulation, 1972, particularly M.L.R. 115, and the jurisdictional authority of Revenue Officers under the West Pakistan Land Revenue Act, 1967. The court examined the procedural validity of the partition orders and the necessity for compliance with Islamic injunctions, ultimately declaring the previous orders void. The case underlined the importance of following legal protocols in land disputes and highlighted the interplay between civil law and religious principles. This decision sets a significant precedent for future land reform cases in Pakistan, emphasizing the need for clarity in jurisdiction and adherence to established legal frameworks. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Muhammad Munir Peracha for Petitioner,
Waqas Rehman for Respondents Nos. 1 to 3
|
| Petitioners |
MUHAMMAD ASHRAF
|
| Respondents |
ABDUL AZIZ,
1l others
|
| Citations |
2002 SLD 1892,
2002 CLC 909
|
| Other Citations |
Mst. Aisha Bibi v. Nazir Ahmad and 10 others 1994 SCMR 1935
|
| Laws Involved |
Land Reforms Regulation, 1972,
Civil Procedure Code, 1908,
Specific Relief Act, 1877,
West Pakistan Land Revenue Act, 1967
|
| Sections |
M.L.R.115,
9,
115,
42,
172,
141
|