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2008 YLR 2255

ALI NAWAZ vs PROVINCE OF SINDH through Secretary, (LU) Land Utilization

Citation2008 YLR 2255
CourtSindh High Court
Case No.Constitutional Petition No, D-887 of 2006
Date2007-02-23
Judge(s)Mushir Alam, Muhammad Afzal Soomro
ResultOrder accordingly

ORDER

' MUSHIR ALAM, J.---Petitioner claims to be the owner of Qabuli land admeasuring 5-6 acres. Survey No,18 of Deh Songal, Sector 25-A, Scheme No,33, Karachi under the Registered Sale-deed dated 14- 10-2005 as he acquired the same from the predecessor on the basis of Entry No,219 of VF-II of Survey No,18 Deh Form-II which is based on Entry No,95 of Deh Form-II. The comments were called for the respondent No,1 Secretary to Government of Sindh Land Utilization Department has filed comments. It is stated therein as follows: ' "According to Record of Right Sr.No,18 is NA -Kabuli Government land, inserted with other Sr. Nos. At Entry No,95 of VF-II, Deh Songal, in favour of legal-heirs of deceased Esso, who are purported to have sold the said area from Sr. No,18 to petitioner at Entry No,219 of VF-II.

' As original Entry No,95 is false and fictitious, hence the subsequent entry has no legal sanctity. The ownership of petitioner is not based on legal and sound footing. Therefore, the petition isable to dismissal with cost."

2. It is further claimed that ownership of land is the Government. Such being the position and disputed question of fact cannot be adjudicated and decided in instant petition. The petitioner having if any right, same can be established through proper forum either before the Revenue Authority under the Land Revenue Act or if circumstances so exists in before civil trial. The petition stands disposed of in above terms along with pending application.

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