Law: Specific Relief Act, 1877

Section: 12,21,22

Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)

Section: 42,42(3),43

(a) Specific Relief Act (I of 1877)--- ----S. 12---Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), S. 42---Agreement to sell---Entry in roznamcha---Scope--- Plaintiffs filed suit for specific performance of contract and claimed that defendant had sold the suit property at the consideration of Rs. 2,82,000/- and roznamcha entry to that effect was entered---Defendant had signed another roznamcha entry in the presence of witnesses as price in the earlier entry was inadvertently got mentioned as Rs. 82,000/---Mutation was duly entered and defendant had executed a power of attorney but despite the same, sale deed was not signed---Mutation was later on rejected by the revenue authorities, in view of the denial of defendant---Trial Court and appellate court concurrently decreed the suit---Validity---Roznamcha entries and mutation were ample proof of the fact that plaintiffs had paid the sale consideration and were willing to enforce their part of the contract but the defendant was not willing to perform his part of the contract---Patwari had to make entries in the record of rights and in periodical record with respect to disputed and undisputed acquisition of any interest---Patwari had, while making entries in the roznamcha, duly followed S. 42 of Khyber Pakhtunkhwa Land Revenue Act, 1967, because he had reason to believe that the parties had entered into sale transaction---Revision petition, being devoid of merit, was dismissed. Haji Ilahi Bakhsh v. Noor Muhammad and others PLD 1985 SC 41 and Zulfiqar and others v. Shahadat Khan PLD 2007 SC 582 rel. (b) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----S. 42(3)---Making of that part of periodical records which relate to landowners---Scope---Patwari shall enter in his register of mutations every report made to him and shall make an entry in the roznamcha and in the register of mutations. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, J.--- Impugned herein are the judgments and decrees dated 20.3.2015 and 28.11.2012 passed by learned District Judge, Karak and learned Civil Judge-II, Karak, whereby they had concurrently decreed the suit of the respondents/ plaintiffs. 2. Brief facts of the case are that…

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