Law: Evidence Act (I of 1872)

Section: 35, 114

(a) Pre-emption Right of---Meaning---Plaintiff-pre-emptor should possess superiority of pre-emptive qualification at time of sale. The right of pre-emption means the right of a person to acquire agricultural land or village immovable property or urban immovable property in preference to other persons. It is well settled that the plaintiff-pre-emptor should possess superiority of pre-emptive qualification at the time of sale which is the subject-matter of the pre-emption suit. (b) Evidence Act (I of 1872), Ss. 35 & 114, illus. (e)--Mutation---Evidentiary value-Mutations are maintained for fiscal purposes and do not by themselves, confer any title---Facts recorded by Revenue Officers in mutations---Important evidence, though not conclusive. Mutation simply means alteration of an entry in the revenue record with the object of bringing the latter up-to-date. A mutation by itself does not confer any title. The mutations are maintained for fiscal purposes; but when the facts recorded are facts which it is the duty of the Revenue Officer to record, then this record is important evidence, though not conclusive, of those facts, in view of section 35 of the Evidence Act and illustration (e) to section 114 of the Evidence Act. Entries in mutation proceedings can, therefore, be accepted as evidence, even without the revenue official who sanctioned them to be produced as witness. Thus the entry of title in the revenue records as the result of mutation proceedings is merely the recognition by the revenue officers of a title which they believe to exist. Nizamuddin v. Fateh Din 41 P L R 308 and Jangi v. Jhanda and others P L D 1961 B J 34 ref. (c) Mutation--- Transfer of property by mutation in revenue record---Recognised as a valid method of transfer of agricultural land-Method of completion of transfer or sale, however, depends upon intention of parties to transaction. Dates of hearing: 26th May and 14th June 1971.   JUDGMENT This judgment will dispose of R. S. As. Nos. 182 of 1970 and 185 of 1970. The parties are common. Most of the facts are common and a common question of law is involved. 2. Major Muhammad Yousaf Khan of Sikandarpur, Tehsil Haripur, District…