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Initializing Secure Chambers
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Initializing Secure Chambers
Citation: 1971 PLD 84
Court: Balochistan High Court
Year: 1970
Decision Date: 1970-12-31
Parties: Mir JAFFAR KHAN JAM ALI AND ANOTHER., Mir JAFFAR KHAN JAMALI vs THE JUDGMENT
Case cited as PLD 1971 Quetta 84
Court Name: Balochistan High Court Judge(s): Dorab Patel Title:Mir JAFFAR KHAN JAM ALI AND ANOTHER., Mir JAFFAR KHAN JAMALI vs THE JUDGMENT Reported As: PLD 1971 Quetta 84 Result: Petitions allowed Judgment JUDGMENT Both these applications have been preferred against the orders of the Deputy Commissioner and District Magistrate, Kachhi dated the 21st December 1966 passed under section 145, Cr.. P. C. attaching land claimed by the applicants on both sides of the Pat Feeder Canal, and as they involve common questions of law and fact, I shall dispose them of by this order. 2. The applicants belong to the Jamali Tribe and, according to them, for many generations their Tribe had owned the land through which the Pat Feeder Canal flows now. That land was not of much value before the construction of this Canal, but after its construction, it became very valuable. As most of the land had not been surveyed by the Revenue Department, other Tribes made false claims to this land because of the availability of water, therefore the Jamalis filed a representative suit against the Government in the Court of the District Magistrate, Kachhi for a declaration that the land specified in the plaint belonged to the Jamali Tribe. Further, as according to the plaintiffs in that suit, the land was being leased out by the Government, they also sought an interim injunction to restrain the Government from leasing the land to any other persons. Their application for an interim injunction was rejected…
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