Law: Punjab Urban Immovable Property Tax Rules, 1958

Section: R.5(a),6(1),11(9)

Law: Specific Relief Act, 1877

Section: 42

Punjab Urban Immovable Property Tax Rules, 1958--- ----Rr. 5(a), 6(1) & 11 (9)---Specific Relief Act (I of 1877), S.42---Suit for declaration---P.T.I. Form as given in Punjab Urban Immovable Propety Tax Rules, 1958 in favour of defendant---Scope---Contention of defendant was that he was owner of suit property---Suit was decreed concurrently---Validity---P. T. I Form did not create any title in favour of any person on the basis of entries therein but same could only be a valid evidence of proof of holding of possession---Revision was dismissed, in circumstances. Muzaffar Khan v. Sanchi Khan and another 2007 SCMR 181; Irfan and 5 others v. Surriya Jabeen and 4 others 2012 CLC 605 and Sh. Muhammad Rafique v. Sh. Muhammad Jameel 2015 MLD 642 rel. THIS ORDER PASSED BY: MUHAMMAD AMEER BHATTI, J.--- I need not to narrate the factual background of the case as the same has been detailed in judgments of both the learned Courts below; suffice it to say that a suit for declaration along with separate possession through partition and permanent injunction, instituted by respondent No.1 and two others, was preliminary decreed and appeal whereof preferred by petitioner's father was dismissed by the learned first appellate Court holding that affidavit Exh.P.2, submitted by Malik Nazar Muhammad, predecessor-in-interest of both the parties confirmed his ownership regarding the disputed house which was submitted by him to the authority on 14.03.1987 for obtaining permission to raise construction for residential purposes, which was allowed and he constructed a house, therefore, all the legal heirs were declared entitled to get their legal shares. It is pertinent to mention here that petitioner's father Malik Muhammad Ikram breathed his last on 28.02.2018 reflecting from Death Certificate (attached with this petition as Annexure 'M') whereas the judgment was announced by the learned first appellate Court on 02.05.2019 and the fact of death of petitioner's father was not conveyed to the same Court so as to implead the present petitioner. However, it is explained by the petitioner vide ground (e) of revision petition that this fact was brought into knowledge of her counsel but in…

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