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1987 MLD 2856

Mir GHULAM ABBAS and 4 others--Applicants vs Mst.SARAN and 13 others

Citation1987 MLD 2856
CourtSindh High Court
Case No.Revision Application No,97 of 1981
Date1987-09-08
Judge(s)Saeeduzzaman Siddiqui
ResultPetition allowed

1. ' Learned counsel for the parties jointly state that this Revision can be disposed off in view of the pronouncement of the Supreme Court in the case of Mir Haji Khan and 11 others v. Mir Ejaz Ali Khan and others PLD 1981 SC 302. It may be stated here that the respondents in the Revision Application instituted a civil suit for declaration and permanent injunction claiming Mokhadmi right in Litnyo Jagir bearing survey Nos.2,4 to 20 measuring 126 acres. The suit was dismissed by the trial Court but on appeal the learned first appellate Court decreed the suit against which the present Revision Application has been filed. The question raised in this Revision Application relates to the same Jagir which was subject-matter of decision in the case of Mir Haji Khan and others v. Mir Ejaz Ali, referred to above. In fact Haji Khan who was partly in the above' cited case is also a party in the present Revision Application. It is conceded by the learned counsel for the respondents that in view of the Supreme Court decision referred to above the decree of the first appellate Court cannot stand as according to the judgment of the Supreme Court the Jagirdar is held to have soil right in Jagir and as such Mokhadami right could not have been claimed by any one in respect ,of the same Jagir.

2. This Revision Application is accordingly allowed. The judgment and decree of the first appellate Court is set aside but there will be no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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