Pakistan Case Law
1988 SCMR 1945

AHMAD ALI Versus HAJI

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Citation1988 SCMR 1945
CourtSupreme Court of Pakistan
Case No.Civil Petition No.679 of 1983
Date1988-05-23
Judge(s)Muhammad Afzal Zullah and Saad saood Jan
Authored bySaad Saood Jan
ResultLeave refused

ORDER

1. SAAD SAOOD JAN, J.‑ ‑In this petition for special leave to appeal it is contended that during the pendency of a suit for pre‑emption brought by the tenant in a Revenue Court it was riot legally permissible for the Revenue authorities to initiate proceedings for the correction of the Khasra Girdawari. When asked to point out the legal bar upon which the petitioners were relying, the learned counsel referred only to Rule 9.9 of the Land Records Manual This does not contain any bar of the nature pleaded by the petitioners. It merely states that after the book papers have been prepared, the entries‑in the Khasra Girdawaris should not be altered without the permission of the Collector. This rule can hardly be interpreted as a bar of the nature pleaded on behalf of the petitioners. On the contrary, it is a matter of propriety with the Revenue authorities to consider whether during the pendency of the pre‑emption suit they should interfere with the Khasra Girdawari. No writ can be issued where the matter is one of propriety alone. This petition is without any merit and is hereby dismissed.

2. M.Y.H./A‑307/S Leave refused.

Cited by 2 cases

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