SAID FAQIR AND 7 Other vs N. W. F. P. GOVERNMENT THROUGH HOME — 1972 PLD 156

Citation: 1972 PLD 156

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-12-31

Parties: SAID FAQIR AND 7 Other vs N. W. F. P. GOVERNMENT THROUGH HOME JUDGMENT

Headnotes

Case cited as PLD 1972 Peshawar 156

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Shah Zaman Babar Title:SAID FAQIR AND 7 Other vs N. W. F. P. GOVERNMENT THROUGH HOME JUDGMENT Reported As: PLD 1972 Peshawar 156 Result: A. Judgment JUDGMENT SHAH ZAMAN BABAR, J---The fundamental question that has arisen is whether the writ jurisdiction of the High Court extends to the territory incorporated in Malakand Division of the North-West Frontier Province? The brief facts of the case are as under: Said Faqir and 7 others are allegedly members of 8 families and hail from Malooch, Saidu Sharif, District Swat. Disputes over title and possession of lands, situated at various places In the District of S Nat arose amongst the petitioners and the respon--dent Dilawar Khan and five others, as representatives of various contestants. Dilawar and 5 others (respondents 5 to 10 of this petition) claimed title to the property in dispute. They instituted a suit before the Deputy Commissioner, Swat (respondent No. 3). By the judgment (copy Annexure A) dated 26-1-70, respondent No. 3 rejected the claim of the plaintiffs and upheld the title to the disputed property of the present petitioners, who were defen--dants in the suit. The appeal preferred by the plaintiffs before the Additional Commissioner, Malakand Division (respondent No. 2) was also rejected by the judgment dated 12- 1-1971, (Annexure B). A revision petition by Dilawar Khan etc. Was also dismissed by O. S. D. (Joint Secretary), Government of N: W. F. P., Home…

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