"10. Regarding bar of jurisdiction of the Civil Court
under section 172, subsection (2), clause VI of the West
Pakistan Land Revenue Act, 1967 it may be pointed out
that exclusion of jurisdiction of Civil Court relates to
the correction of the entries made by the Revenue
Officer in performance of his duty without touching the
right of the persons in the land, but whenever such
entries interferes with the rights of a person in the land
record in the Record of Rights, and such person feels
aggrieved, for correction of such entries he has to
approach Civil Court for declaration under section 53
of the Act or in other words under section 42 of the
Specific Relief Act both the relief available being of the
same nature and identical. The dispute herein pertained
to the nature of the transactions in the suits for preemption based on the impugned mutation. The suits
were therefore rightly held triable by the Civil Court."
Used in Judgment of
IN THE LAHORE HIGH COURT M U L T A N B E N C H M U L T A N JUDICIAL DEPARTMENT
Writ Petition-Land-Miscellaneous
11548-15
2020 LHC 937
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