Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XLI R.31---Judgment---Pre-conditions---Where Lower Appellate Court ignores evidence available on record, such cannot be a in terms of O.XLI, R.31, C.P.C. 1985 CLC 1780; PLD 1989 SC 568; 1992 CLC 1022 and 1996 SCMR 669 rel. (b) Civil Procedure Code (V of 1908)--- ----O.XLI, R.24---Appellate Court---Powers---High Court is empowered to decide entire controversy in appeal when entire evidence is available on record and is sufficient to establish a case. PLD 1965 SC 434; 1993 SCMR 216; 2002 SCMR 767 and 2007 SCMR 307 rel. (c) Specific Relief Act (I of 1877)--- ----Ss.42 54---Sindh Land Revenue Act (XVII of 1967), S.42---Cantonment Land Administration Rules, 1925, Rr.3, 4 5---Cantonment land---Entries in Revenue record---Effect-respondent claimed to be owner of suit lands situated in cantonment area, on the basis of entries in favour of his predecessor-in-interest available in revenue record---Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of plaintiff-respondent---Validity---Provisions of Sindh Land Revenue Act, 1967 were not applicable to cantonment areas---Procedure for lands under cantonment area was prescribed in Cantonment Land Administration Rules, 1925 and Cantonments Act, 1924--- Lands in cantonment area did not fall under the provisions of Sindh Land Revenue Act, 1967---Military Estate Officer of Cantonment was the exclusive authority under Rr.3, 4 5 of Cantonment Land Administration Rules, 1925, to prepare and maintain a General Land Register (GLR) of all lands in cantonment area with powers of mutation---Mere entry without title documents in Record-of-Rights was nullity in law---Such entry by virtue of mutation was not basis of title and the person in whose favour such entry was made, could not take advantage of the same to claim a title against any person---On the basis of mutation nobody could become owner nor there was a presumption of title in his favour was not owner of suit land and it belonged to Government of Pakistan and entries made in revenue record in respect of suit land were not authentic and relevant and invalid---Entries in General Land Register were legal…

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