Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)

Section: 53,172

Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Specific Relief Act, 1877

Section: 39,42,54

(a) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- -----Ss.53 172---Civil Procedure Code (V of 1908), S.9---Specific Relief Act (I of 1877), Ss.39, 42 54---Registered document, cancellation of---Fraud and misrepresentation---Revenue authorities, jurisdiction of---Petitioners were aggrieved of cancellation of registered general power of attorney and mutation of transfer of land by revenue authorities on the plea of fraud and misrepresentation---Validity---Cancellation of general power of attorney and mutation on the ground of fraud and misrepresentation could only be challenged before competent Court of civil jurisdiction by invoking provisions of Ss. 39 42 of Specific Relief Act, 1877, through a suit for declaration for cancellation of instrument declaring the same to be void or voidable---Registered document could not be cancelled without intervention of a civil Court of competent jurisdiction---Revenue officer or revenue Court could not examine authenticity of a registered instrument in exercise of powers, conferred under the provisions of Khyber Pakhtunkhwa Land Revenue Act, 1967, in view of the provisions contained in S.39 of Specific Relief Act, 1877---Revenue Official exceeded his power by declaring registered general power of attorney and mutation in question as executed by practicing fraud and misrepresentation---Scope of S.172 of Khyber Pakhtunkhwa Land Revenue Act, 1967 was entirely different, it only excluded jurisdiction of civil Court for taking in hand functions assigned to revenue officers or revenue Courts under S.172 of Khyber Pakhtunkhwa Land Revenue Act, 1967, including correction of any entry in record of rights, periodical record or register of mutations---High court in exercise of Constitutional jurisdiction set aside orders passed by revenue authorities and question to the genuineness, authenticity and legality of general power of attorney and mutation in question was to be determined by competent civil Court---Constitutional petition was allowed accordingly. Jamil Akhtar and others v. Las Baba and others PLD 2003 SC 494; Maqsood Ahmad and others v. Salman Ali PLD 2003 SC 31 and Ali Azim Afridi, Advocate High Court, Peshawar v.…

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