Law: West Pakistan Board of Revenue Act, (XI of 1957)

Section: 42

Law: West Pakistan Board of Revenue Act, (XI of 1957)

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 42 & 54---Mutation---Nature and correctness of---Scope---Mutation by itself, did not create title and a person deriving title thereunder had to prove that same was duly entered and attested---Any person who was acquiring title through mutation, the burden of proving transaction embodied in the mutation, was upon him---Mutation was not a part of record of rights---Scope---No presumption of correctness was attached to the mutations and entries, till the time those entries were proved through independent and cogent evidence---Entry in violation of S.42 of West Pakistan Land Revenue Act, 1967, were void and nullity in the eyes of law---Mutations by itself, did not create or confer title; it was an entry in the Revenue Record on the basis of any instrument or decree etc.---Person claiming a title through mutation, burden of proving the transaction embodied in the mutation, upon such person. Hakim Khan v. Nazeer Ahmed Lughmani and 10 others 1992 SCMR 1832 and Muhammad Ali and 2 others v. Barkat Ali and 5 others 2000 CLC 814 rel. (b) Specific Relief Act (I of 1877)--- ----S. 42---West Pakistan Land Revenue Act (XVII of 1967), Ss.39, 42, 52, 53---Suit for declaration---Limitation---Presumption in favour of entries in record-of-rights---Scope---No doubt, the plaintiffs had to prove their case on the basis of their own evidence, but the beneficiary of the mutation was bound to prove the transaction and valid attestation of the mutation, which the defendants had failed to do---Even the possession of the plaintiffs, had not been denied by the defendants---Mutation proceedings being not judicial proceedings, those would not provide starting point of limitation---Even otherwise, for wrong mutation, there was no bar of limitation against co-sharers or co-owners in the suit---Plaintiffs were owners in the suit Khata---Limitation, in case of declaratory suit, would start from the date of threat to the title of the plaintiff---Every entry in the succeeding Jamabandi would give cause of action; and would be presumed a last attack on the plaintiff's right or denial thereof---When the plaintiffs were co-sharers in the…

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