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

Section: 44,161,164

West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 44, 161 & 164---Mutation---Challenging mutation on allegations of cheating and fraud---Respondent/owner of land in dispute, alleged that she was an illiterate and naive lady; and petitioner who was her nephew, managed the attestation of mutation of her land in his favour by obtaining her thumb impressions through cheating and fraud---Appeal by respondent lady, had concurrently been accepted by two authorities below---Validity---Enquiry report submitted by Tehsildar had shown that transaction and sanctioned mutation in favour of the petitioner, was quite lawful and it was proved that consideration amount was paid to respondent/owner---Lawful mutation entered/passed, could not be withdrawn or cancelled---Accepting revision petition filed by the petitioner, impugned orders passed by authorities were set aside, in circumstances. ORDER WAHEED AKHTAR ANSARI, MEMBER JUDICIAL-III.---This revision petition has been filed against order dated 14-9-2012 passed by learned Additional Commissioner (Revenue), Multan Division, whereby appeal of the present petitioner was dismissed. 2. Arguments heard and record perused. 3. Learned counsel for the petitioner argued that the learned lower court did not apply its independent judicial mind, while passing the impugned order. The revenue courts function in summary nature, but, the question involved in this case required recording of evidence as the respondents alleged fraud in their appeal, which could be made only in the civil court. Therefore, the revenue courts assumed the non-existing powers. The respondent had received consideration, which was admitted by her in the rapt roznamcha waqiati No.26, dated 15-9-2009 regarding sale of the land. The respondent appeared before the patwari with her free will, where she put thumb impressions on the relevant papers. The learned lower courts did not keep in mind these vital facts of the case while passing the impugned orders. The said mutation was attested in open assembly, therefore, it was valid in the eyes of law. Finally, it was prayed that the revision petition may be accepted. 4. Learned counsel for respondents Mst. Zuhran…

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