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

Section: 135,141

West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss.135 & 141---Land in joint khata---Entries in column of ownership and cultivation---Legal status---Vendee of specific Khasra number of joint Khata, rights of---Extent stated. The entries of a joint owner in possession of certain Khasra numbers in thecolumn of cultivation have got all the legal sanctity and also preference over the other co-owners as the said owner is in possession of the specific Khasra number in the joint Khata. Besides the entries in the column of ownership, such an owner is also recorded as owner in possession "Hissadar Malik Qabiz" in the column of cultivation. Such entries in the column of cultivation are to be respected and the person acquiring ownership rights in specific khasra numbers of joint Khasra with entries in his name in the column of cultivation is joint owner for all intents and purposes. Vendee of such a joint owner will step into the shoes of his vendor and will have all the rights in the property, which his vendor had at the time of sale. At the time of partition of said joint Khata wherein such property is situated, vendee of such property has got every right to protect possession of his specific Khasra numbers given to him at the time of sale. A vendee of specific Khasra number in the joint Khata is a joint owner for all intents and purposes and will enjoy all the rights in the property, which his vendor had in the property. At the time of partition of such property, the vendee would not be required to first transpose his name in the column of ownership and then claim partition. If there is a title dispute, then in that case under section 141 of West Pakistan Land Revenue Act, 1967, the Revenue Officer prior to partition of the property can refer the parties for determination of their dispute of title from a competent court or he himself can proceed to determine such dispute of title as if he was such a court. Muhammad Muzzafar Khan's case PLD 1959 SC (Pak) Page 9 rel. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, J.--- The petitioner herein, being aggrieved of orders of Revenue hierarchy, the respondents Nos.181 183 and 184, has filed instant petition…

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