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Citation: 1965 PLD 623
Court: Balochistan High Court
Year: 1969
Decision Date: 1969-12-31
Parties: ALI JAN AND 5 Other vs COMMISSIONER, F. C. R., QUETTA DIVISION AND 7 JUDGMENT
Muhammad Amin Durrani v. Government of West Pakistan and another (PLD 1966 SC 99), Govern--ment of West Pakistan and another v.
Court Name: Balochistan High Court Judge(s): Muhammad Afzal Zullah, Muhammad Fazle Ghani Khan Title:ALI JAN AND 5 Other vs COMMISSIONER, F. C. R., QUETTA DIVISION AND 7 JUDGMENT Reported As: PLD 1970 Quetta 93 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-The judgment, dated 13th August 1965, passed in Writ Petition No. 96 of 1963 (Quetta), by a learned Judge in Chamber of this Court, is under challenge in this Letters Patent Appeal. The legal question involved is whether there is any limitation in respect of causes for the possession of land, arising in the area of Tehsil Chaman, Quetta----Pishin District, dealt under the Frontier Crimes Regulation No. 3 of 1901. 2. Briefly stated, the facts are that Muhammad Rasul (respondent No. 3) filed a suit in December 1959 against the appellants and respondents Nos.4 to 8, for possession of certain land, water and trees situate in Ilaqa Chaman Toba. The Additional District Magistrate, Chaman (respondent No. 2) acting under section 8 of the F. C. R., by order, dated 18th May 1960, referred the matter to the Council-of-Elders comprising five persons. The following were the issues :- "(1) Whether the suit is within time? (2) What are the lands in suit and where situate? (3) In whose possession the land is? (4) Whether plaintiff had any right in the suit property if so, Jirga to express the share of plaintiff? (5) If answer to question No. 4 is in affirmative, how the plaintiff to get possession of his share? (6)…
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