Law: Transfer of Property Act, 1882

Section: 54

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

Section: 42

Transfer of Property Act (IV of 1882)--- ----S. 54---West Pakistan Land Revenue Act (XVII of 1967) S. 42---Transfer of ownership through registered sale deed---Non-incorporation of such transfer in Revenue Record---Effect---Entries in Revenue Record were for fiscal purposes only---Non-incorporation of such transfer would not make ownership of transferee doubtful as mutation was not proof of title, rather registered sale-deed was stronger proof of his title unless declared illegal or cancelled by competent Court---Subsequent attestation of mutation on basis of registered sale deed was a mere formality to incorporate same in Revenue Record. 2004 SCMR 1701 and 1995 CLC 1843 rel. THIS ORDER PASSED BY: CH. MUHAMMAD TARIQ, J.- This writ petition has been directed against the order dated 31-12-2008 passed by Member (Judicial-V) Board of Revenue, Punjab. 2. Brief facts of the case as mentioned in the writ petition are that the petitioner purchased the land vide registered sale deed dated 16-4-1939 from respondent No.3 in the capacity of attorney of respondents Nos.4 to 8. The said land falls within the area of Mauza Niaz Beg and the land of this Mauza was mixed in the land of Mauza Hanjerwal and Shadiwal and was not distinguishable separately. This type of land is termed as "Khapat Bun" in consolidation of land language and due to this certain complexities arise. For determination of, land of Mauza Niaz Beg the work of consolidation by the Revenue authorities was started in 2nd half of 1960. Bypermission of the Board of Revenue, the work of separation of land of all there Mauza i.e. Niaz Beg, Hanjerwal and Shadiwal was completed and the same got approval from the Board of Revenue on 29-9-1977. As per the law requirement when the consolidation proceedings or preparation of preliminary record was under process, no land is allowed to be transferred to avoid any complexity in the regard. 3. The respondent No.2 filed a revision petition dated 25-9-1996 against the present petitioner and 18 others before the learned Addl. Commissioner, (Consolidation) Lahore, stating therein that one Farzand Ali was owner of land in Mauza Niaz Beg, bearing old Khasra. No.644. Farzand Ali…

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