Law: Specific Relief Act, 1877

Section: 12

Law: Constitution of Pakistan, 1973

Section: 199

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

Section: 42

(a) Specific Relief Act (I of 1877)--- ----S. 12---West Pakistan Land Revenue Act (XVII of 1967), S.42---Constitution of Pakistan, Art. 199--- Constitutional petition--- Maintainability--- Suit for specific performance---Trial Court decreed the suit---Revenue Officials refused to enter mutation on the ground that the decree for specific performance could not be executed---Petitioner contended that the High Court could make direction under Art.199 of the Constitution to Revenue authorities to give effect to a decree by sanctioning mutation--- Validity---Constitutional petition to enforce the decree of a civil court was not maintainable as the High Court was not an executing court for the declaratory decrees passed by the civil courts---Revenue courts/authorities were bound to implement declaratory s and decrees of civil courts without requiring institution of execution proceedings---Under S.42 of West Pakistan Land Revenue Act, 1967, Revenue authorities being bound to enter mutations in pursuance of decrees of civil court, could not refuse to enter mutation as the refusal would be ipse dixit of such officials/authorities---Petition was disposed of accordingly. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Mutation in pursuance of declaratory decrees---Scope---Under S.42 of West Pakistan Land Revenue Act, 1967, Revenue authorities were bound to enter mutation in pursuance of decrees of civil court; refusal to enter mutation would be ipse dixit of such authorities/officials. PLD 1973 Lah. 614 ref. Shara v. Member, Board of Revenue 2004 SCMR 117; Abdul Hameed andothers v. Member, Board of Revenue 2005 SCMR 1617 and Allah Ditta v. Ghulam Muhammad and others 2008 SCMR 1021 fol. THIS ORDER PASSED BY: TARIQ JAVAID, J.--- It is contended by the learned counsel for the petitioner that the petitioner is owner in possession of the land measuring 7 Marlas. A decree for specific performance of contract in this regard was passed by the civil court on 21-7-1998. The learned counsel for the petitioner contends that since execution of decree for specific performance cannot be made; therefore, the respondents are not entering the mutation of the suit land in…

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