Law:

Section:

(a) Waiver-------Concept---Waiver by a party---Determination---Duty of court---Court has to scan the evidence; oral, documentary or circumstantial, as the case may be, to decide whether a party has waived his right by an overt or covert act. Waiver or acquiescence, like election, presupposes that the person to be bound is fully cognizant of his rights, and that being so, he neglects to enforce them, or chooses one benefit instead of another, either, but not both, of which he might claim. Waiver therefore, cannot always and in every case be inferred merely from the failure of the party to take the objection. Waiver can be inferred only if and after it is shown that the party knew about the relevant facts and was aware of his right to take the objection in question. Waiver is contractual, and may constitute a cause of action; it is an agreement to release or not to assert a right. Waiver, as commonly understood, is an intentional relinquishment of a known right. It may consist either of a positive act of relinquishment or of conduct such as would warrant an inference of relinquishment of the right. To decide whether a party had waived his right by any overt or covert act, court has to scan the evidence; oral, documentary or circumstantial, as the case may be. Manak Lal v. Dr. Prem Chand Singhvi PLD 1957 SC (Ind.) 346; Mademsetty Satyanarayana v. G. Yellogi Rao AIR 1965 SC 1405 and Mustaqim v. Sher Bahadur PLD 1962 (WP) Pesh. 14 ref. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 52---Entries in revenue record---Mutation of inheritance---Scope---Presumption of truth is attached to revenue record in terms of S.52, West Pakistan Land Revenue Act, 1967 which, of course, is rebuttable on a very strong evidence---Notwithstanding the mandate of S.52 of the Act, mutation of inheritance itself does not create title and the person acquiring any title pursuant thereto has to prove that the transferor, of his own volition, transferred the ownership. Hakim Khan v. Nazeer Ahmad Lughmani 1992 SCMR 1832; Mazloom Hussain v. Abid Hussain PLD 2008 SC 571 and Nawab Khan v. Said Karim Khan 1997 SCMR 1840 ref. (c) Colonization of Government Lands (Punjab) Act (V of…

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