| Citation(s) |
|---|
| 2014 SLG 1819 2014 SLD 1819 2014 CLC 1484 |
Lahore High Court
Writ Petition No.263 of 2011, heard on 27-05-2014.
ABDUS SATTAR ASGHAR, J
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Writ Petition No.263 of 2011, heard on 27-05-2014.
ABDUS SATTAR ASGHAR, J
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MAZHAR HUSSAIN and otherss
VS
SHAHRAN BANO and others
Law:
Section:
West Pakistan Land Revenue Act (XVII of 1967) -------Ss. 53, 44, 45, 52 & 172---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan, Art.199---Constitutional petition---Correction of long standing entries of record of rights---Bar on jurisdiction of civil court---Scope---Member Board of Revenue directed the parties to seek their remedy before the civil court with regard to correction of long standing entries of record of rights---Validity---Application for correction of entries of record of rights, in the present case, was moved after 65 years of the preparation of said record---Lot of transactions in the meanwhile had taken place in favour of various bona fide purchasers who were not impleaded as parties at any stage before the revenue hierarchy---Section 172 of West Pakistan Land Revenue Act, 1967 barred the jurisdiction of civil court in the matters with regard to correction of any entry in the record of rights which would exclusively fall within the jurisdiction of Revenue Officer---Jurisdiction of Revenue Officer with regard to such matters would be determined under S.44 of West Pakistan Land Revenue Act, 1967---Presumption of truth would attach to an entry made in the record of rights until contrary was proved or new entries were substituted thereto---Said presumption could only be dislodged under S.53 of West Pakistan Land Revenue Act, 1967 by institution of suit for declaration---Jurisdiction of civil court was not barred to question the correctness of entries of revenue record---Member Board of Revenue had rightly passed the impugned order---No infirmity or jurisdictional error was pointed out in the impugned order---Constitutional petition was dismissed in circumstances. Dilmir and others v. Member Board of Revenue. Punjab Lahore PLD 1991 Lah. 314; Ghulam Muhammad v. Mst. Shahnaz Bibi and 10 others 1989 CLC 831; Sardar Khan v. Ghulam Hussain and 31 others 2003 YLR 1788; Misri through Legal Heirs and others v. Muhammad Sharif and others 1997 SCMR 338; Mst. Gulzar Bibi and 2 others v. Chief Commissioner and 19 others 2009 CLC 542; Ghulam Muhammad and others v. Manzoor Ahmad and others 2006 SCMR 1534; Muhammad Yousaf and 3 others v. Khan…
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