| Case ID |
306f7cee-ae22-4321-b49a-0ce050785756 |
| Body |
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| Case Number |
Civil Revision No. 42 of 2004 |
| Decision Date |
Jun 23, 2004 |
| Hearing Date |
Jun 23, 2004 |
| Decision |
The High Court dismissed the revision petition, holding that the jurisdiction of the civil court was not barred under Section 172 of the West Pakistan Land Revenue Act in the presence of Section 53 of the same Act. The court emphasized that provisions ousting the jurisdiction of civil courts must be construed strictly, and every presumption should favor the jurisdiction of civil courts. The court also noted that the plaintiffs were entitled to seek a declaration of their rights in relation to entries affecting their land in the revenue records, which were deemed to be contradictory under the relevant sections of law. The decision reinforced the principle that civil courts retain jurisdiction unless explicitly barred, thus upholding the plaintiffs' right to challenge the entries made in the revenue record. |
| Summary |
In the case of Civil Revision No. 42 of 2004, the High Court (AJ&K) determined the jurisdiction of civil courts in relation to entries in revenue records under the West Pakistan Land Revenue Act, 1967. The case arose from a dispute over land ownership and the validity of certain entries in the revenue record affecting the rights of the petitioners. The court analyzed Sections 53 and 172 of the West Pakistan Land Revenue Act, highlighting the importance of strict interpretation of provisions that oust civil court jurisdiction. The ruling emphasized that the civil court has the authority to adjudicate upon matters where an individual’s rights are impacted by entries in revenue records. This case serves as a critical reference for understanding the jurisdictional boundaries of civil courts in land disputes, particularly in the context of revenue law. Legal practitioners and scholars can benefit from the court's interpretation of legislative intent and its implications for future cases involving civil rights and land ownership. The court's decision ultimately reinforces the role of civil courts in protecting individual rights against potentially erroneous administrative actions. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD REAZ AKHTAR CHAUDHRY
|
| Lawyers |
Muhammad Yunus Arvi,
Zafar Hussain Mirza
|
| Petitioners |
NAWAB DIN THROUGH MUHAMMAD LIAQUAT
|
| Respondents |
MUHAMMAD ISHAQUE
|
| Citations |
2004 SLD 2995,
2004 PLD 49
|
| Other Citations |
2003 YLR 1788,
2000 SCR 211,
PLD 1994 Pesh. 249,
PLD 1983 Quetta 52,
AIR 1965 AP 326,
AIR 1962 Pb. 340,
AIR 1942 Lah. 217,
1986 CLC 1301,
1984 CLC 3216,
1980 CLC 713
|
| Laws Involved |
Civil Procedure Code (V of 1908),
West Pakistan Land Revenue Act (XVII of 1967),
Specific Relief Act (I of 1877)
|
| Sections |
9,
53,
172(2),
42
|