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Possession of Agricultural Property PLJ 2019 Peshawar 182

PLJ 2019 Peshawar 182 Possession of Agricultural Property

PLJ 2019 Peshawar 182 Possession of Agricultural Property, Constitution of Pakistan, 1973—Art. 199–Constitutional Petition–Suit for recovery of dower in lieu of possession of agricultural property along with a constructed house and maintenance allowance–Decreed–Appeal–Dismissed–Jurisdiction–Non-joinder of parties–Challenge to–Petitioner in his written statement, though, has admitted fixation of dower, but has taken stance that respondent-wife to whom property was transferred, in lieu of dower, has alienated it to Sajid Ali Khan–It is interesting to note that as no property was ever mutated in name of respondent-wife, as such, she could never transfer it to Sajid Ali Khan–It is also astonishing that petitioner could not produce any evidence regarding payment of share in house to respondent-wife–Petitioner has miserably failed to prove on record that any property either constructed or otherwise would have been given to respondent-wife–It is settled law that once immovable property is claimed as dower, Family Court has got exclusive jurisdiction in such dispute–Respondent-wife could not prove deed dated 16.3.1985 is also not helpful for him keeping in view categorical admission of fixation of dower in written statement–Revenue papers transpire that petitioner is owner in property, situated in Estate of Mara Parang, as such, there remains no question of non-joinder of parties in suit–Petition was dismissed.

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