MULLAZIM HUSSAIN ALIAS MULLAZIM versus DISTRICT OFFICER REVENUE/ COLLECTOR
Section 26 Special Relief Act (I of 1877), Section 42 Bar suit on civil court to prosecute stability proceedings in civil court, the jurisdictional plaintiffs claim that the property was imposed on it by a change of inheritance. But was not included. The suit was simultaneously rejected in the revenue record because the plaintiff became the owner of the suit property through the claimant's inheritance, but it was also not included in the income record in which case the plaintiff's player was well Established Courts were unable to assess evidence according to law below Defendants 'names were incorrectly entered into revenue records that were able to be deleted Defendants' case was unrelated to property. The Court of Appeal erroneously concluded the civil court's jurisdiction over which The appellate court did not consider the plaintiff's prayer. Inclusion of entries on the basis of a change of inheritance The plaintiff never challenged the proceedings of the appellant The appellant's observations were misconstrued, before the civil court sufficient for the civil court to decide the issue. The powers were not available unless the Appellate Court, expressly or indirectly withholding, entered the record, there was no restriction in filing a statement challenging the appellate court's observation in the record of the revenue. For any reason and the appeal was not dismissed for being merit-free which was above the law, in case of lack of jurisdiction of appeal / case, it is returned to the plaintiff to appear before the appropriate forum.
Related judgments — Peshawar High Court NWFP, 2014
