Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss.20(3) & 117---Demarcation of boundaries---Powers of Revenue Officer---Scope---Provision of S.117 of West Pakistan Land Revenue Act, 1967 not mandatory---Power of demarcation vested in Revenue Officer---Demarcation done by Revenue Officer himself or by a competent subordinate staff (i.e. Patwari or Qanungo) deputed by him would be valid---Demarcation report of such subordinate staff would be final, if approved and signed by Revenue Officer after hearing parties and applying his mind---Demarcation report submitted by Patwari on orders of Assistant Collector Grade-II, without being approved by him, would not be reliable---Principles. Anwar Club and another v. Muhammad Sarwar PLD 1992 Lah. 63 and Sher Ali Khan v. Miram Shah and 26 others 1995 MLD 308 ref. (b) Interpretation of statutes--- ----Mandatory or directory provisions, determination of---Test stated. The use of expression "shall" or "may" in an enactment is not always a sure guide in ascertaining whether the legislature intended it to be directory or mandatory, unless the scheme of the Act, the purpose with which it was enacted, the end which it sought to achieve and the possible consequences of doing or failing to do an act are taken into consideration. As a general rule, however, a statute is understood be to be directory when it contains matter merely of direction, but when those directions are followed up by an express provision that in default of following them, the acts shall be null and void. Ghulam Hasan v. Jamshaid Ali and others 2001 SCMR 1001 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD AZAM KHAN, C.JUSTICE:---.--- The captioned appeal with the leave of the Court arises out of the judgment and decree of the High Court dated 23rd January, 2009, whereby Civil Appeal No. 164 of 2006 filed by respondents herein has been accepted and the judgment and decree of the Additional District Judge Dudyal has been set aside. 2. The plaintiff-appellant filed a suit for recovery of possession of land measuring 1 marla, 1 sarsahi, comprising survey No. 754, situate in village Balote, Tehsil Dudyal, in the Court of Civil Judge Dudyal on 17th January,…

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