- S. 3(ii) — This Section provides that the land which is likely to be required for any village common purpose cannot be regularized in favour of any body but despite the fact that the land was required for the expansion of Girls School, it was sanctioned as ‘Nautor’ in favour of appellant, which is a clear violation of the relevant law. Ghulam v. Member Board of Revenue 1995 SCR 355 (D)
- Section 5 (1) — The mutation is required to be sanctioned by the Settlement Officer or the Assistant Officer and it cannot be sanctioned by the Assistant Collector/Tehsildar without approval of the Settlement Officer. Muhammad Ayub & others v. Mushtaq Hussain & others 2015 SCR 1601 (A)Ss. 5 & 9 — See Civil Procedure Code (V of 1908) , O.XXXIX, Rr.1,2 & 4. Muhammad Qasim v. Razia begum 2012 SCR 350 (B)
- S. 9 — The jurisdiction of civil Court has been barred only in those matters in which the Government or Revenue Officers have jurisdiction under the Act — Question emerges whether Revenue Officer or the Government can pass any decree for permanent injunction under the Act — Held: Neither the Government nor the Revenue Officers have powers to pass a decree for permanent injunction — A decree for perpetual injunction can only be passed by civil Court under Specific Relief Act — The jurisdiction of civil Court was not barred by section 9 of the Act. Gulab Butt & 2 others v. Mir Abdul Ghni 2009 SCR 382 (B)
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