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KARIM BAKHSH versus QADIR BAKHSH

Punjab Land Revenue Act 1887 Section 158 07)? Trial in civil court? Seeking declaration of joint ownership of the land with the defendants? At the same time, what was the private distribution implemented in her minority? And not bound to the question about the title? Suit authorized the matter of the partition long before he became a major. The respondents contention in the first Court of appeal was that even for a declaration that the partition effected by the plaintiff during minority was void recourse should have been had to a Revenue and not a Civil Court. This contention was repelled by the Court of appeal and it covered the second ground of appeal.

In Sukhdeo Singh v. Mathra Singh (A I R 1933 Lahore 412), it was held by a Division Bench of this Court that by disputing the plaintiffs' title to a part of the lands held under a common title the defendants had in fact disputed the title of the plaintiffs to all the lands held jointly and a suit for declaration was competent. It was further held in this case that where jurisdiction is given to the Revenue Court, the jurisdiction of the ordinary Courts is not necessarily ousted and section 117, Punjab Land Revenue Act, does not expressly deprive the ordinary Courts of jurisdiction to decide a declaratory suit.

For the reasons given above I see no force in this appeal and dismiss it with costs.

A. H. Appeal dismissed.