Law:

Section:

(a) Punjab Settlement Manual------Para. 173---Gazetteer of Dera Ghazi Khan--Term 'Adhlapi'--­Connotation---Term "Adhlapi" is form of tenure under which proprietary rights are acquired in land, through agreement whether oral or written by reclamation or expenditure of capital in sinking a well ---Adhlapi is very common form, arid under such agreement the proprietor of a well estate not possessing a well gives half of his land in proprietary rights to an outsider who sinks a well, and thereupon acquires the proprietary right of half the well, and of the land attached to it. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 75---Document---Proof of---No objection to the admissibility of the document---Effect---Where neither the agreement was admitted by the other party nor the Trial Court or the Lower Appellate Court relied upon the same, even if no objection to admissibility of the document was taken, the Court had power to examine its evidentiary value. Abdul Karim v. Mst. Kohi Noor Begum and another 1981 CLC 1055 ref. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 100---Thirty years old document creating title in property---Per se admissibility of such document---Prerequisites---Before any presumption of truth can be attached to such a document, it has to be satisfactorily demonstrated that such a document has been acted upon and is supported by possession, also it should be shown that the document has been produced from proper custody where it should have been and that it was in consequence of such document that possession was given---Where from the evidence on the record such conditions did not appear to have been fulfilled, no presumption can be drawn in favour of the document. (d) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 39 & 45---Record of Rights---Value---If there is a conflict between the entries in the Khasra Gardawari and the entries in the Record of Rights, the latter prevails. Muhammad Aslam v. Khudadad 1982 SCMR 511 rel. (e) Punjab Settlement Manual--- --- Para. 173---Transfer of Property Act (IV of 1882), S.54---Gazetteer of Dera Ghazi Khan---" Adhlapi tenure" ---"Sale"---Distinction---Adhlapi tenure does not amount to a sale and is…

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