Law: Constitution of Pakistan, 1973

Section: 199

Keywords: Result: Petition accepted JUDGMENT ' SHUJAAT ALI KHAN, J. - By virtue of this petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (the Constitution), the petitioners have assailed orders dated 20.09.2008, 07.07.2009 and 16.09.2009 passed by the District Officer (Revenue), Okara (respondent No, 2), the Executive District Officer (Revenue), Okara (respondent No, 3) and the Member (Colonies), Board of Revenue, Punjab, Lahore (respondent No, 1), respectively. 2. Succinct facts, necessary for the disposal of instant petition, are that Khan Muhammad, father of respondent No, 5 (hereinafter to be referred as the original owner) availed loan facility amounting to Rs, 4,18,500/- from Zarai Taraqiati Bank Ltd., Depalpur Branch, District Okara (respondent No, 4), pledging his agricultural land measuring 71-Kanals 18-Marlas, situated in revenue estate of Chak No, 46-D, Tehsil Depalpur, District Okara. The factum of mortgage was incorporated in the revenue record by way of attestation of Mutation No, 497, dated 25.11.1998. The original owner sold land measuring 16-Kanals to the petitioners through Mutation No, 617, attested on 10.03.2001. After the death of the original owner, on 19.06.2007, respondent No, 5 filed an application before respondent No, 2 inter alia challenging Mutation No, 617, sanctioned in favour of the petitioners. Besides that respondent No, 4 also filed an application before respondent No, 2 for correction of revenue record according to mutation of mortgage. The said applications were accepted by respondent No, 2 through order dated 02.09.2008 against which the petitioners filed an appeal before respondent No, 3 but without success as the same was dismissed through order dated 07.07.2009. Then the petitioners filed ROR No, 1225/2009 before respondent No, 1 assailing orders of the subordinate fora which was dismissed through order dated 16.09.2009; hence this petition. 3. The legal submissions put forwarded by learned counsel for the petitioners can be summed up in the words that though the original owner remained alive for a considerable period after attestation of mutation in their favour but he did not opt to…

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