Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 42,163,172

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ---S.42---Constitution of Pakistan (1973), Art.199---Constitutional petition---Cancellation of mutation at the instance of previous/ex-owner of property---Effect---Gift mutation sanctioned in favour of respondent was assailed by his sisters before revenue authorities- Respondent who had transferred gifted property to petitioners vide sale mutations defended gift mutation for a period of seven years but finally he gave his consent to cancellation of said gift mutation which was annulled accordingly---Validity---Respondent had sold suit land to petitioners by a registered sale deed thereafter he was not owner of suit land, petitioners had acquired valuable rights in property and stepped into respondent's shoes, thus respondent's consent qua annulment of gift mutation was of no consequence---Held, such cancellation made without hearing the petitioners was a violation of rules of natural justice therefore, could not have been sustained. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S.163---Cancellation of mutation allegedly procured on fraud---Review---Limitation---Question of limitation being a mixed question of law and fact entails inquiry and evidence for which adequate opportunity should have been granted to the parties---In cases of fraud, suspicious and collusive transactions, remedial measures for correction should be readily invoked, as fraud and mis-representation vitiate the of lapse of time most solemn proceedings/transactions-Held, no amount of lapse of time could sanctify such a transaction, in fact, on first available opportunity such transaction should be set aside and illegal gains reversed. Muhammad Iqbal v. S.A.M. Khan Member, Board of Revenue West Pakistan Lahore and 3 others PLD 1970 Lah. 614 ref. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 172---Board of Revenue, jurisdiction of---Lapse committed by Member Board of Revenue---Authority himself was bound to rectify and correct it, if proved S. 172 West Pakistan Land Revenue Act, 1967. Lal and others v. Mian Dad and another 1968 SCMR 842 distinguished. THIS JUDGMENT DELIVERED BY: SYED ASGHAR HAIDER, J.--- The dispute…

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