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MANGA KHAN versus MUHAMMAD IQBAL


Claims for a declaration on the basis of private division of claimants for the distribution of property inherited in Section 42, West Pakistan Land Revenue Act (XVII of 1967), Sections 57, 135 and 147, following trial by the trial court. And the appellate court dismissed the case. , But the High Court upheld the same justification in the second appeal, following which both the trial court and the appellate court discussed the evidence presented by the parties in detail, and after reviewing the record and keeping the documents in issue, the issue was recorded. To which the High Court merely passed an ambiguous order. Based on the two documents, without appreciating and considering their contents, neither of these two documents was a work of distribution, nor did it work in all joint partners or even though their overall holdings in different villages. It was also said that the document is considered a process of private distribution. However, it was not finalized nor was any right arisen because all the parties privately affected by the Section 147 of the West Paki Revenue Act, 1967, as determined by the authorized Revenue Officer. The procedure was subject to certification, there was a contract to sell the second document which would not generate any right after proceeding, further consensus and necessary steps were taken. And completed by the parties concerned, the High Court merely ruled that an injunction was given as a prayer in the original suit and there was no mention of the subject or the nature and type of the procedure. According to such ambiguous decisions and orders

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