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RESHAM BIBI versus FAZAL


Civil procedure code (V 1908), 5 115 suit under section 135 and 172 (2) (xviii) of the West Pakistan Land Revenue Act 1967, suit for distribution of land which acquired immovable property of the village Was granted, through a preliminary injunction by the civil court, claiming that the plaintiff was the owner of the 1 / 4th share. The appellate court found that the property, which was jointly owned by the parties, with certain measurable numbers, had acquired the properties of the residential property and directed the plaintiff to include the said person as well. The measles was also divided and the matter was remanded. Since the appellate court should have included the measurable numbers as being agricultural land, the civil court had no jurisdiction in that regard, whereas the land issue in this case was a proportional property, therefore, it could not be. Following the judgment of the jurisdiction and the judgment, after committing a jurisdictional error, the remand was granted for further hearing of the High Court and the case before an appellate court below.

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