Law:

Section:

Punjab Land Revenue Act (XVII of 1967) --------- ----------S.42 --------- Punjab Land Revenue Rules, 1968, Form No. 39 --------- Land Records Manual, Chap. 7, Para. 7.4 (XIV) --------- Punjab Tenancy Act (XVI of 1887), Ss.8, 38, 50, 58, 77 & 114 --------- Sale of Right of 'Dakheel Kari' --------- Attestation of mutation --------- Limitation --------- Objection that mutation could not have been attested after six months of entry of mutation had no substance --------- Once authority and genuineness of the sale transaction had been established, mere irregularity in procedure of attestation of mutation would not suffer (adversely affect) the binding effect of mutation --------- Father of plaintiffs who was the original right holder of the suit land did not challenge the mutation in his life time despite the fact that he remained alive for 40 years after the attestation of mutation --------- Moreover, mutation was 30 years old document at the time of filing of suit --------- Courts below did not assess evidentiary value of mutation under the Qanun-e-Shahadat, 1984 --------- Punjab Land Revenue Act, 1967 was not in force at the time of filing of suit --------- Mutation had admittedly been incorporated in the revenue record and said entries remained intact till the filing of suit --------- Presumption of truth was attached to the record of rights --------- Plaintiffs failed to discharge the burden to prove that mutation was wrongly attested --------- Plaintiffs were in knowledge of impugned mutation three years prior to the filing of the suit --------- Under law of mutation, long silence of person without valid explanation would extinguish any right and such right would not remain enforceable at law --------- Suit was time-barred --------- Courts below fell in error while deciding question of limitation and failed to consider that Ss.38, 50, 58, 77 and 114 of the Punjab Tenancy Act, 1887 were applicable to the case --------- Predecessor/father of plaintiffs was not cultivating the land at the time of attestation of mutation and had migrated from the Mauza where the suit land was situated --------- Plaintiffs could not be declared owners of the suit property…

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