Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Mutation of any transfer was to be attested in the village where property was situated. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42(6)---Scope, object and application of S. 42 of West Pakistan Land Revenue Act, 1967---Object of S. 42 was to follow a particular procedure with a view to minimize rather to exclude commission of any fraud firstly to deprive owner of its proprietary right and secondly to protect vendee/transferee once mutation was attested---Mere entry in "report of roznamcha" by recording statement of transferor was not permissible in law---Revenue officer would make order under S. 42(6) of West Pakistan Land Revenue Act, 1967, in presence of person whose right had been acquired after such person had been identified by two respectable persons, preferably Lamberdar or member of Union Council concerned, whose signature or thumb impression shall be obtained by Revenue officer on registration of mutation. Faqir v. Gul Zaman and 7 others 1991 MLD 1870 rel. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S.42(7)(8)---Mutation---Attestation of---Revenue Officer was to make enquiry in the area of estate in which subject matter of mutation was situated and according to S. 42(8) of West Pakistan Land Revenue Act, 1967, an inquiry should be made only in "Jalsa-e-Aam" of estate to which mutation was related. Gharib Shah v. Zarmar Gul PLD 1984 SC 188; Ghulam Haider v. Mst. Subhan Bibi 1986 MLD 1952; Hakim Khan v. Nazeer Ahmad Lughmani and 10 others 1922 SCMR 1832 and Mir Zada Khan v. Itbar Khan 2001 SCMR 609 rel. (d) Power-of-attorney--- ----Interpretation of---Implementation of Power of Attorney---Power of attorney must be strictly construed and it was necessary to show that on fair construction of whole instrument, the authority in question was found within four corners of instruments. Muhammad Akhtar v. Mst. Manna and 3 others 2001 SCMR 1700 rel. (e) Gift--- ----Proof---Declaration of gift and delivery of possession---In order to prove gift, the factum of delivery of possession must be shown clearly from the date when gift was made. Boqar v. Allah Ditta 2003 SCMR 780…

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