Law: Civil Procedure Code (V of 1908)

Section: 2,4

Law: Specific Relief Act, 1877

Section: 42,54

Law: Punjab Land Revenue Act, 1967

Section: 42

(a) Civil Procedure Code (V of 1908)---O.VI, Rr.2 , 4---Pleadings---Facts not mentioned---Effect---Material fact has to be mentioned in pleadings and evidence is led to amplify the same---Where material fact is not pleaded in written statement, neither any evidence can be allowed nor, if recorded is admissible in law. Government of West Pakistan (Now Punjab) through Collector, Bahawalpur v. Haji Muhammad PLD 1976 SC 469; Mst. Jannat Bibi v. Sher Muhammad and others 1988 SCMR 1696 and Sadar Ud Din (since deceased) through L.Rs. v. Sultan Khan (since deceased) through L.Rs. and others 2021 SCMR 642 rel. (b) Specific Relief Act (I of 1877)---Ss.42 , 54---Punjab Land Revenue Act (XVII of 1967), S.42---Suit for declaration and injunction---Mutation of sale---Blind woman, transfer from---Duty of revenue authorities / plaintiff was a blind woman who alleged that her land was fraudulently got transferred by respondents / defendants---Suit was decreed by Trial Court but Lower Appellate Court dismissed the same---Validity---Held, if an infirm and disabled person appeared regarding transaction, public functionaries had to show responsibility in looking after their affairs in public interest---Patwari or Tehsildar was to be extremely cautious when a blind woman was produced before them without her close relatives and they had to be extra careful---Neither Patwari Halqa nor Tehsildar mentioned factum of blindness of the lady in report of Roznamcha at the time of attestation of mutation---Two revenue officials admitted that lady who appeared before them was of sound health and was not a blind woman---Mutation and report Roznamcha Waqiati were result of fraud---Lower Appellate Court ignored reasoning recorded by Trial Court---High Court set aside the and decree passed by Lower Appellate Court as the same was result of error of law and jurisdiction and misreading and non-reading of evidence on record---High Court restored and decree passed by Trial Court---Revision was allowed, in circumstances. Ghulam Shabbir and another v. Sikandar Shah and another 1999 CLC 576; Mst. Asia Khatoon v. Khan Shareen 2015 YLR 435; Rana Liaqat Ali and 10 others v. Mst. Azizan and 5 others 2016 CLC…

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