Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)--

Vol. XLV

---- S.42 --- Constitution of Pakistan (1973), Art.199 --- Transaction of transfer of land between two parties cha lenged by a third party --- Revenue functionaries found dispute to be purely of civil nature to be decided by a competent Civil Court; they, however, directed deletion of entry made in favour of petitioner in Revenue Record --- Validity --- Mutation proceedings being summary in nature, intricate questions of law. and fact would always be left to be decided by competent Civil Courts --- Any attempt by Revenue Officer to decide such questions would amount to usurping the functions and powers of Civil Court-- Transaction of transfer of land between two parties when cha lenged by a third party on basis of agreement to se l, Revenue Officer could only determine such issue on the basis of summary enquiry and documents before him without embarking upon a detailed enquiry --- Revenue Officers having 'passed contradictory orders viz. referring the parties to Civil Court and deleting disputed entries, such orders could not be sustained and were declared to have been passed without any lawful authority and to be of no legal effect --- Case was remanded to Assistant Commissioner concerned for decision of appeal afresh after considering al the relevant aspects of the case and hearing the parties.