Case ID |
20bb5eeb-b2b2-4cf9-b9b8-7ec78b6a5a6f |
Body |
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Case Number |
Writ Petition No.2533 of 2003 |
Decision Date |
Dec 12, 2006 |
Hearing Date |
Dec 12, 2006 |
Decision |
The Lahore High Court dismissed the petition filed by Saleem Ibrahim regarding the partition of joint property. The court found that the Revenue Officer had appropriately affirmed a prior private partition that was established in 1975, and thus, there was no need for further proceedings under section 135 of the West Pakistan Land Revenue Act, 1967. The petitioner's argument that the Assistant Collector Grade-I acted illegally by reviewing his order based on telephonic instructions was dismissed. The court emphasized that the private partition had been concluded, and the question of joint ownership had been resolved. Therefore, the petitioners were not entitled to relief as the findings of the previous tribunals were upheld, and the matter was concluded in favor of the respondents. |
Summary |
In the case of Writ Petition No.2533 of 2003, the Lahore High Court addressed the partition of joint property under the West Pakistan Land Revenue Act, 1967. The petitioners, consisting of Saleem Ibrahim, sought to partition land jointly owned with their brothers, claiming that a prior private partition was not valid. The court referenced previous rulings and established that the Revenue Officer rightfully affirmed the private partition from 1975, effectively severing joint ownership. The court concluded that the Assistant Collector's review of the partition order was justified, thereby dismissing the petition and confirming the earlier decisions of lower tribunals. This case highlights the importance of adhering to established property laws and the implications of private partitions in land ownership disputes. |
Court |
Lahore High Court
|
Entities Involved |
Not available
|
Judges |
MUHAMMAD SAYEED AKHTAR, J
|
Lawyers |
Ch. Muhammad Hussain Jahanian,
Rana A.D. Kamran,
Ch. Saghir Ahmad,
Sh. Rafiq Ahmad Goreja
|
Petitioners |
SALEEM IBRAHIM
|
Respondents |
MEMBER (JUDICIALI), BOARD OF REVENUE, PUNJAB and others
|
Citations |
2007 SLD 835,
2007 CLC 390
|
Other Citations |
Jamala v. Muhammada and others AIR 1938 Lah. 202,
Malik Muhammad Hassan and another v. Malik Karim Bakhsh and others 1939 (18) LLT 10
|
Laws Involved |
West Pakistan Land Revenue Act, (XVII of 1967)
|
Sections |
135,
141,
143,
144,
145,
000
|