| Case ID |
211a0ca6-3341-403a-9261-b0e90ec69a8d |
| Body |
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| Case Number |
Civil Appeal No. 353 of 2012 |
| Decision Date |
Feb 06, 2014 |
| Hearing Date |
|
| Decision |
The High Court dismissed the appeal based on sound legal reasoning, affirming that the civil court had jurisdiction to adjudicate on the matter of correction of revenue records. The plaintiffs, who were rightful owners of half the disputed land, had challenged erroneous entries in the revenue record. The court emphasized that civil courts possess the authority to examine acts of tribunals and ensure they are compliant with the law. The plaintiffs had acted within the limitation period, and the previous courts had rightly decreed in their favor. The decision reinforces the principle that civil courts can intervene when there are allegations of unlawful entries in public records. |
| Summary |
In the case of Civil Appeal No. 353 of 2012 decided by the High Court of AJ&K, the court addressed significant issues regarding the jurisdiction of civil courts in correcting revenue records under the West Pakistan Land Revenue Act and the Specific Relief Act. The plaintiffs, MUHAMMAD HUSSAIN and others, sought a declaration for the correction of entries in the revenue records that adversely affected their ownership rights. The High Court upheld the trial court's decision, confirming that the civil court had the jurisdiction to hear the case and rectify the erroneous entries, as the plaintiffs were legitimate owners of half the disputed land. The court noted the importance of adhering to legal standards in maintaining accurate public records, highlighting that civil courts can intervene in cases of unlawful entries. This case is crucial for understanding the scope of civil court jurisdiction in property disputes and the enforcement of rights under land revenue laws. Keywords include: civil court jurisdiction, revenue record correction, property dispute resolution, legal rights enforcement, ownership rights, public record accuracy. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUNIR AHMED CHAUDHARY, J
|
| Lawyers |
Raja Habib-Ullah Khan,
Ch. Mumtaz Hussain
|
| Petitioners |
2 others,
MUHAMMAD HUSSAIN
|
| Respondents |
7 others,
MUHAMMAD IBRAHIM
|
| Citations |
2014 SLD 2524,
2014 YLR 1054
|
| Other Citations |
2000 SCR 211,
PLD 2004 AJ&K 39,
Mst. Zameer Begum and others v. Shakeela Begum and others decided by the Apex Court on 10-1-2011 Civil Appeal No.88 of 2006
|
| Laws Involved |
West Pakistan Land Revenue Act (XVII of 1967),
Specific Relief Act (I of 1877)
|
| Sections |
172,
42
|