Law:

Section:

(a) Revenue records---Wajibul Arz: part of revenue record with special reference to each village-Presumption of correctness attaches to Wajibul Arz. The Wajibul Arz is a part of the revenue record drawn up with special reference to each village, and contains a record of admitted village usages. There is a presumption of correctness attached to Waiibul Arz, and the onus lies upon the person who challenges the usages to prove the contrary. Entries in a Wajibul Arz may be of two kinds. They may be statements of local custom or usage or they may be recitals of agreements. As statements of custom or usage they are strong evidence of the existence of such custom or usage but they have only an evidentiary value. Agreements incorporated in the Wajibul Arz are however binding but only on the parties to the agreements, and even in such cases it is open to a party to prove that in fact, no such agreement was entered into though the task would be difficult. 87 P R 1868; Rati Ram etc. v. Shera Ram etc. A I R 1939 Lah. 53; Aya Gul etc. v. Sher Zaman etc, P L D 1954 Pesh. 69 and Mst. Bhag Bhart and another v. Mst. Bhagan and another P L D 1954 Lah. 356 ref. (b) Malikan-e-Qabza- --Who are-Persons purchasing land from one who according to Wajibul Arz was one of Malikan-e-Deh-Step into shoes of vendor and could participate in rateable distribution of malikana. Malikan-e-Qabza are those owners who own the land actually in their possession, but have no share in the common property of the village com­munity, nor in the joint rights, profits and responsibilities of the proprietary body of the village. The appellants had purchased the said land from the vendor who was himself subject to the Wajibul Arz, and, therefore, the appellants could not avoid the application of the Wajibul Arz. The appellants having stepped into the shoes of their vendor could only participate in the rateable dis­tribution of the Malikana, and to no more. Doule's Settlement Manual ref. (c) N. W. F. P. Hazara Forest Act (VI of 1936)-- -- Ss. 27, 12 & 47-Case falling under S. 27-Bar of S. 47 not attracted. In accordance with the provisions of subsection (2) of section 27 of the N. W. F. P. Hazara Forest Act,…

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