1596 Monthly Law Digest [Vol. Vi 4. I would, therefore, reverse the order of the learned Ri would allow the application of the ap to the respondent to hand over the va ent Controller and pellant. However, I grant four months, time|C ant possession of the premises in question. The appeal stands disposed of in the above terms with no order as to costs, M.Y.H./Z-52/K Appeal allowed. 1988 M L D 1596 i: [Karachi] Before Saceduzzaman Siddiqui, J Syed ASLAM SHAH and 3 others--Appellants versus Mst. SAKINA and another--Respondents First Rent Appeal No.51 of 1979, decided on 21st May, 1987. (a) West Pakistan Land Revenue Act (XVH of 1967) 5 & 141(5)(c)--Appeal against Partitioning joint property--Maintainability of appeal--Question adjudicated upon by Assistant Commissioner while effecting n of peePcrty~-AAppeal was competent under $.141(5) (c) of Land Revenue Act 1967 and valuation of property being over Rs.25,000, first appeal would lic to the High Court where appeal filed by appellant was not against the order of mutatign of Property but against order of partition under 8.135 of West Pakistan Land Revenue Act 1967, no appeal under $.161 » held, was maintainable. [p. 1597] A (©) West Pakistan Land Revenue Act (XVII of 1967)-- order of Assistant Commissioner Feat at iat--Pantition of property--Property in question ‘urban property sir 4 within local limits of Municipalty.-Jurisdiction of Revert ahi, under $.135, West Pakistan Land Reven Appropriate re uc Act, 1967, held, was barred-- ‘edy rested with Civil Court.-(Jurisdiction}, [p. 1597] B Ramchand for Appellants, Rashiduddin for Respondents, Dates of hearing: 18th and 21st May, 1987, JUDGMENT This first appeal under section 141 Revenue Act, 1967 is filed by Syed. Ae decision of the Assi ssi Revenue Officer effecte Office t hold is : snare inherited by the: parties joint through a commas ee era "i. Mr. Rasheeduddin iearned counsel for the respondents has raised Yraritetion to the maintainability of the abeee = (©) under the West Pakistan Land lam Shah and three others against the Si Scanned with CamScannerZohra Begum v. Abdul Ghani (Muhammad Mazhar Ali, 1) ad vag between the parties. Alternatively it 1s urged by Mr. R : et vole al, if any, would lic under section 161 of the a eaten ak | Sake PPT uty Commissioner as the order was passed by the Asics | Get oe OS tne other hand learned counsel for the ap rote F : or the appellants cont . eos jon of tile was adverted toby the Assistant Commisioner we one the applicat under Section 135 of the West Pakistan Land Revenue acting ihe decision will be open to incident of appeal as an order of Origi i es accordance with Section 151 of the Land Revenue Act. It ey Ge Shy Mr. Rasheeduddin that even if it is accepted that the appeal was Er ent agzinst the order of Assistant Commissioner as an appeal from the sor of Chal Judge then it should have been instituted in the District Court and fran the Hich Court. I have considered the above objections raised by the usel nd I am of the view that as the question of title was adjudicated upon by| ‘Asistant Commissioner while effecting the partition of the property an| ged is competent under Section 141 (5)(C) of the West Pakistan Land isenue Act, 1967 and as the valuation of the property was over Rs.25,000 1st spel to this Court was competent. It may also be mentioned here that Ist ‘geile by the appellant is not against the order of mutation of property but ‘as the order of partition under section 135 West Pakistan Land Revenue Act 842s such no appeal under section 141 of the Act was maintainable in view of $4400 141 of the Act. The next question which requires consideration in the case Stether in the circumtances of the case the Revenue Authorities were erent to effect partition of the property in suit. It is an admitted position that Shad Broperty is an urban property situated within the local Tats af Pur Municipality. The learned counsel for the appellant has produce = ae ne certitied copy of F.C. Suit No.169 i a eee j ep st Sakina and Saleem Shah genuineness whercof is not sqasbondent having resorted to a remedy before the Cl Court which in the Poeayg aces Of the case appears to be an appropriate remedy, the jurisdiction 0 Uthorities under section 135 of the Land Revenue Act for partition of O85 OL avilable in the asc. I acordingly accept this appeal te ah, Sa,“ Order of the Assistant Commissioner but there will be n0 order as 10 uy ' Wasi ot ‘Appeal allowed. 1988 M LD 1597 * [Karachi] Before Muhammad Mazhar Ali J Mst.ZOHRA BEGUM-Appellaat ' tap versus Gy Appa) yy ABDUL GHANI-Respondest Pty Pen Aas of 1985, decided on 7éh May, 1987. kg Premises Onai " Qa 'dinance (XVII of 1979) - Notice-Res “Hage Reng occa .-Ejectment-NO b My (ont Controle Code (V of 1908), sit vi of Onin by Tenang jeer declared notice, give™ YO agqt-Landlaly @ former rent application, ih Scanned with CamScanner