Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Limitation Act (IX of 1908), Art.120---Specific Relief Act (I of 1877), S.42---Inheritance mutation---Allegation of fraud---Validity---Parties were in possession of the their respective portions of the suit-land since 1963 and the mutation in dispute was practically acted upon by the parties, therefore, the contention of the plaintiffs that they came to know about the impugned mutation a year before institution of suit was without substance and suit brought beyond the period of six years was time-barred ---Plaintiffs had no locus standi to challenge the mutation independently of their predecessor-in-interest through whom they claimed inheritance, when the said predecessor-in-interest had himself not challenged the same during his lifetime---Plaintiff had alleged that the impugned mutation was a result of fraud but had not produced any evidence to prove such fraud and one who alleges fraud had to prove the same---Finding of the Appellate Court that the impugned mutation was not tenable on the ground that the same was not sanctioned in the estate to which the land belonged was contrary to the law as provisions of S. 42 of the Land Revenue Act, 1967 were not mandatory and mere fact that a mutation had been sanctioned in different estate would not be a ground to invalidate the transaction embodied in such mutation---High Court set aside order of the Appellate Court and dismissed the suit of the plaintiffs---Revision was allowed, accordingly. Jamila Khatoon and others v. Aish Muhammad and others 2011 SCMR 222; 2002 SCMR 1330 and 2002 SCMR 519 rel. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S.42---Inheritance mutation---Plaintiffs had no locus standi to challenge the mutation independently of their predecessor-in-interest through whom they claimed inheritance, when the said predecessor-in-interest had himself not challenged the same during his lifetime. 2002 SCMR 1330 rel. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Record of rights---Mutation---Contention that a mutation was not tenable on the ground that the same was not sanctioned in the estate to which the land…

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