| Citation(s) |
|---|
| 2018 SLG 1794 2018 SLD 1794 2018 YLR 1813 |
Lahore High Court
Civil Revision No. 422-D of 1999, heard on 13-09-2017.
ABDUL RAHMAN AURANGZEB, JUSTICE
Malik Javed Akhter Wains for Petitioners. Malik Saeed Ahmad for
Respondents Nos.1 to 3. Ch. Muhammad Riaz Jahanian for
Respondent No.4.
Civil Revision No. 422-D of 1999, heard on 13-09-2017.
ABDUL RAHMAN AURANGZEB, JUSTICE
Malik Javed Akhter Wains for Petitioners. Malik Saeed Ahmad for
Respondents Nos.1 to 3. Ch. Muhammad Riaz Jahanian for
Respondent No.4.
MUHAMMAD IQBAL AND OTHERS
VS
RAB NAWAZ AND OTHERS
Law:
Section:
(a) Punjab Land Revenue Rules, 1968--- ----R. 30---Suit for declaration---Fard Badar---Correction of clerical mistakes in the entries of revenue record---Scope---Contention of plaintiffs was that they were owners in possession of suit property---Trial Court dismissed the suit but Appellate Court decreed the same---Validity---Status of holding as owner and change of ownership did not fall in the ambit of 'correction of clerical mistake' of revenue record---Plaintiffs filed suit when no such correction of entry on record was available---Predecessor of plaintiffs malafidely sold the property which was not owned by him---Preparation of Fard Badar was not based on wrong entries by clerical mistake---Appellate Court had misread the record while giving its findings---Revenue authorities had no valid sanctity for entertaining the application during pendency of suit and change longstanding entries of ownership in the revenue record by way of Fard Badar---Ownership without any corroborating evidence merely on the basis of Fard Badar could not be allowed to be substituted---Observation rendered by the Revenue Officer on the basis of Fard Badar was liable to be revised---Plaintiffs were bound to prove ownership with regard to specific Khasra Number but they failed---Plaintiffs had to stand on their own legs to succeed and no benefit of any weakness in the case of opposite party could be extended to them---Appellate Court had set aside the and decree passed by the Trial Court without referring any solid and reliable material---Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Revision was allowed in circumstances. Allah Bakhsh and others v. M.B.R. and others 1997 MLD 1779; Mst. Shireen Khanum v. Members (Revenue), Board of Revenue, Punjab, Lahore and others 2001 YLR 2387 and Sultan Muhammad and another v. Muhammad Qasim and others 2010 SCMR 1630 rel. (b) Punjab Land Revenue Rules, 1968--- ---R. 30---Fard Badar---Scope---Fard Badar was meant for correction of clerical mistakes occurred while copying the entries from last Register Haqdaran Zamin. THIS JUDGMENT DELIVERED BY: ABDUL RAHMAN AURANGZEB, J.- The facts necessary…
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