| Case ID |
2162ac58-75ae-413a-99fd-f436d7b24b30 |
| Body |
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| Case Number |
Revision Application No.S-22 of 2012 |
| Decision Date |
Oct 27, 2020 |
| Hearing Date |
Aug 25, 2020 |
| Decision |
The Sindh High Court ruled on the jurisdictional matter related to agricultural land ownership against the Forest Department. The Court found that the jurisdiction of civil courts was barred under Section 172 of the Sindh Land Revenue Act, 1967, which ousts civil court's jurisdiction in matters concerning revenue boundaries. The plaintiff's claims regarding the agricultural land's title were not substantiated with sufficient evidence to prove his darya khurdi rights. The revision application was dismissed, affirming the appellate court's decision that the issue should be resolved by revenue authorities rather than civil courts. |
| Summary |
In the case of Revision Application No.S-22 of 2012, the Sindh High Court dealt with a dispute concerning the ownership of agricultural land claimed by the applicant against the Forest Department. The applicant sought a declaration of title and an injunction against dispossession. The trial court initially granted the declaration, but the appellate court reversed this decision, citing a lack of jurisdiction under Section 172 of the Sindh Land Revenue Act, 1967. The case hinges on the interpretation of darya khurdi rights, which pertain to land erosion and entitlements to state land. The court emphasized that revenue authorities are the appropriate bodies to determine such matters rather than civil courts, leading to the dismissal of the revision application. This ruling underscores the importance of jurisdictional boundaries in land disputes and the specific rights associated with darya khurdi claims. Legal practitioners should note the implications of this case for future agricultural land ownership disputes in Sindh. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
ADNAN IQBAL CHAUDHRY, JUSTICE,
GHULAM MUSTAFA
|
| Lawyers |
Kalander Bakhsh M. Phulpoto for Applicant,
Ahmed Ali Shahani, Assistant Advocate General for Respondents
|
| Petitioners |
|
| Respondents |
DIVISIONAL FOREST OFFICER, NAWABSHAH AND 4 OTHERS
|
| Citations |
2021 SLD 2373,
2021 CLC 1657
|
| Other Citations |
2015 YLR 1213
|
| Laws Involved |
Sindh Land Revenue Act, 1967,
Specific Relief Act, 1877
|
| Sections |
172,
42,
54
|