Law: Punjab Land Revenue Act, 1967

Section: 42,52

(a) Punjab Land Revenue Act (XVII of 1967)--- ----S. 42--- Mutation--- Suit for declaration filed by respondent claiming that land was provided on lease but petitioners fraudulently started claiming ownership on pretext of alleged oral sale in consideration of certain amount contested the suit alleging that respondent sold the land and received/acknowledged the consideration but unlawfully leased land of his sisters through written lease agreement and that petitioner paid the sisters as mediation which prompted respondent to challenge the sale---Suit was dismissed by Trial Court but the same was decreed by the Appellate Court contended that fraud was alleged in plaint against Revenue Officer but he was not made party to the plaint; that suit was decreed solely on the ground that provisions of S. 42 of the Land Revenue Act, 1967, were not complied with; that attesting witnesses identified as Patidars and qualified as village-respectables had identified the respondent; that any irregularity in compliance of S. 42 would not render transaction void; that attesting witnesses appeared and endorsed oral sale and stated that parties were known to them; that such statement of attesting witnesses was not cross examined; that Patwari Halqa/revenue officer appeared and proved the factum of recording/ sanctioning of impugned mutations; that possession of the petitioner was an admitted fact; that respondent alleged coronary ailment as pretext for avoiding lawfully conducted sale transaction but failed to establish the fact alleged referred to the exhibits, showing hospital visits / medical treatment, to substantiate failure on the part of the petitioner to prove plea of alleged ailment--- Validity--- Written statement was silent regarding the alleged oral sale---No details of persons/ witnesses privy to alleged transaction were provided---No convincing evidence was led by the petitioners to prove delivery of possession pursuant to alleged transaction of oral sale---Written statement was silent---Copies of register Roznamcha Waqiati depicted that possession was delivered, but no evidence led to prove the same---Delivery of possession without receipt of consideration was not…

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