KAJIR AND 2 Other vs BARAN SHAH — 1967 PLD 501

Citation: 1967 PLD 501

Court: Balochistan High Court

Year: 1969

Decision Date: 1969-10-08

Parties: KAJIR AND 2 Other vs BARAN SHAH

Headnotes

Case cited as PLD 1967 SC 501

Judgment Text

Court Name: Balochistan High Court Judge(s): A. R. Sheikh Title: KAJIR AND 2 Other vs BARAN SHAH Case No.: Second Appeal from Order No. 16 of 1967 Date of Judgment:1969-10-08 Reported As: PLD 1970 Quetta 19 Result: Appeal dismissed JUDGMENT JUDGMENT This judgment will dispose of four appeals (being F. A. O. Nos. 16, 17, 18 and 19 of 1967) in which an identical question of law arises. 2. In the four suits for declaration and rectification of record-- of rights, giving rise to these appeals on behalf of the four sets of defendants-appellants against the respective plaintiffs-respon-- dents, the objection raised was that by virtue of the provisions of section 45 of the Punjab Land Revenue Act applicable to Baluchistan (hereinafter called the Act), if a person feels aggrieved as to any right of which he is in possession by an entry in the record-of-rights, he may apply to the Collector for permission to institute a suit for a declaration of his right under Chapter VI of the Specific Relief Act, 1877, and because no such prior permission has been obtained in these cases, the suits are not maintainable. This objection prevailed with the trial Court and the suits were dismissed. The District Judge, however, in dis--agreement with the trial Court, has held that no doubt section 45 of the Act is still on the statute book, because of the withdrawal of the Frontier Crimes Regulation, subsection (2) of the section had become inoperative and the Collector was left with no alternative…

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