Revenue Entry Does Not Confer Ownership – Civil Court Jurisdiction Affirmed Under Article 10A.
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| سول کورٹ کا دائرہ اختیار۔ |
ملکیت ثابت کرنے کے لیے سول کورٹ ہی آخری اور حتمی فورم ہے
📌 کیس کا مختصر تعارف
⚖️ بنیادی حقائق
❗ تنازعہ کا مرکزی نکتہ
🧠 عدالتِ عالیہ کا قانونی تجزیہ
بلوچستان ہائیکورٹ نے قرار دیا کہ:
🧾 اہم قانونی اصول (Key Legal Principles)
✅ فیصلہ (Outcome)
📚 حوالہ جاتی مقدمات
Must read Judgement.
2025 C L C 236
[Balochistan]
Before Abdullah Baloch, J
MUHAMMAD ALI and others
---Petitioners
Versus
SECRETARY BOARD OF REVENUE, GOVT. OF BALOCHISTAN,
BALOCHISTAN SECRETARIAT QUETTA and 2 others ---Respondents
Civil Revision No. 20 of 2021, decided on 31st August, 2023.
Specific Relief Act (I of 1877)---
----Ss. 39, 42 & 54---Balochistan Land Revenue Act (XVII of 1967), S. 53---Constitution of Pakistan, Art. 10A---Suit for cancellation of order, declaration and injunction---Fair trial and due process---Correction of entry in Record of Rights---Concurrent findings of facts by two Courts below---Petitioner/plaintiff claimed to be owner in possession of suit land whereon he had constructed a building---Grievance of petitioner/plaintiff was that without his knowledge the authorities transferred suit land in the name of Provincial Government---Suit and appeal were concurrently dismissed by Trial Court and Lower Appellate Court---Validity---Lower Appellate Court misunderstood the provision of S.53 of Balochistan Land Revenue Act, 1967, which had itself provided relief to an aggrieved person, who sought declaration of title to suit land as its exclusive owner with consequential relief---Such provision did not debar aggrieved party from approaching Civil Court for claiming his ownership over suit land by way of inheritance---Entry in revenue record was not in itself proof of title in favour of the party in whose favour such entry existed---Entitlement/ownership was to be proved by such party independently and for such purpose appropriate forum available was Civil Court, which was Court of ultimate jurisdiction--- In view of provision of Art. 10A of the Constitution, a person is entitled for fair trial and due process---High Court set aside jurisdiction passed by Lower Appellate Court and matter was remanded for decision afresh on appeal filed by petitioner/plaintiff---Revision was allowed accordingly.
Ahsan Ali through L.Rs. and others v. Province of Sindh through District Coordination Officer Thatta and others 2007 MLD 884 and Muhammad Siddique and another v. Mst. Bano and 8 others 2004 YLR 319 ref.
Farooq Rasheed for Petitioners.
Saifullah Sanjarani, Assistant Advocate General for Respondents.

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