Case Details

Citation(s)
2015 SLG 2160 2015 SLD 2160 2015 MLD 703
Board of Revenue, Punjab
ROR No. 2788 of 2012, decided on 23rd October, 2014.
WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III)
Rana Muhammad Nazir Khan for Petitioners.

Mst. RASHIDA BEGUM and others

VS

The STATE

Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 39, 44, 163, 164 & 172(2)(vi)---Record of rights---Correction of any entry in record of right---Petitioners claimed that their father purchased land in question through registered sale deed-dated 20-10-1959, and mutation was sanctioned; that said property was obtained on rent in the year 1965, but through mutation dated 23-9-1984 same was transferred to the Government as State land, illegally---Petitioners, contended that their property be restored in their names---District Officer (Revenue) allowed review petition of the petitioners and restored land to the petitioners---Government, filed appeal before Commissioner which was accepted---Validity---Petitioners claimed ownership of impugned land on the basis of purchase of said land by their predecessor-in-interest---Record had shown that vendee of predecessor-in-interest of the petitioners was not the owner of the land, he, therefore, could not sell the ownership rights---Purchases of such land could not be in a better position than the seller---Order passed by Additional Commissioner (Consolidation) was lawful and warranted no interference---Revision petition was dismissed, in circumstances. 2012 YLR 403 rel. ORDER WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III).---This revision petition has been filed against order dated 12-11-2012 passed by learned Additional Commissioner (Consolidation), Multan Division, Multan, whereby appeal filed by Govt. Al-Hussain Islamia Secondary School, Muzafar Abad, Tehsil City, District Multan was accepted. 2. Arguments heard and record perused. 3. Learned counsel for the petitioners argued that father of the petitioners purchased 5-kanals of land comprising khasra No.28/19/1, situated in Mauza Jhakar Pur, Tehsil and District Multan through registered sale deed No.481/1, dated 20-10-1959 and Mutation No.574 was sanctioned. Upon this land, 6 rooms and 3 chappars were constructed. Later on, this property was obtained on rent in year 1965. However, through Mutation No.1554, dated 23-9-1984, the state land was transferred in the name of respondents illegally. In the year 1972, Al-Hussain Secondary School was nationalized and…
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