Law: West Pakistan Land Revenue Act, 1967

Section: 172,172(1),172(2)(vii)

Law: Specific Relief Act, 1877

Section: 42

Summary: The petitioner’s predecessor sued in Civil Court claiming ownership based on 1956–57 revenue entries (Misal Haqiat) and sought cancellation/rectification of later mutations that reduced his share. Trial and appellate courts found for the plaintiff, but on further appeal the Supreme Court held the suit was time-barred, barred by section 172 of the West Pakistan Land Revenue Act (which reserves correction of revenue records to revenue authorities), and that long-standing revenue entries giving rise to bona fide third-party rights should not be disturbed. The Supreme Court converted the petition into an appeal, allowed it, set aside the lower courts’ judgments, dismissed the suit, and left the plaintiffs free to seek remedy before revenue authorities. Core points: Plaintiff based claim on Misal Haqiat entries of 1956–57 alleging later mutations unlawfully reduced his share. Trial court and appellate court initially decreed the suit in the plaintiff’s favour. Supreme Court raised three legal issues: limitation, Civil Court jurisdiction under section 172 (West Pakistan Land Revenue Act, 1967), and protection of bona fide third-party rights. Authority and precedent establish long delays in challenging revenue entries make suits time-barred (cases cited: Muhammad Miskeen; Muhammad Hussain; Ghulam Haider; Atta Muhammad). Section 172(2)(vii) expressly bars Civil Courts from correcting entries in record-of-rights, periodical records or mutation registers; such matters belong to revenue authorities. Disturbing long-standing revenue entries is impermissible where third parties have acquired rights in good faith; Jamabandi and sanctioned mutations carry presumption of regularity (cases cited: Waris Khan; Mst. Grana; Abdul Ahad). Lower courts erred by re-examining merits without addressing the jurisdictional bar and limitation; reappraisal could not cure maintainability defects. Disposition: Supreme Court converted petition to appeal, allowed it, set aside earlier judgments, dismissed the suit, and permitted the respondents to pursue remedy before revenue authorities; no costs ordered. Law and section # Law / Act Section Key Provision /…