Case Details

Citation(s)
1990 SLD 445 = 1990 CLC 321
Lahore High Court
Regular Second Appeal No.576 of 1967, heard on 15th February, 1989. (a) West Pakistan
Presented By: Before Gul Zarili Kial:i, J
Mirza Manzoor Ahmad for Appellant. Haji Shams-ud-Din and Malik Mukhtar Hussain for
Respondents.

NOOR ALAM--Appellant

VERSUS

MEHDI and 2 others---Respondents

Law:

Section: 41 , 42 , 43, 44 , 45

Land Revenue Act (XVII of 1967)--- ----Ss. 41(3), 42, 43, 44 & 45---Oanun-e-Shahadat (10 of 1984), Art. 49---Term "mutation"---Connotation and evidentiary value of---Dispute about genuineness of mutation---Burden of proof---Initial burden of proof would be on the party claiming to be its beneficiary---Mutation signifies alteration of an entry in the Revenue Records so as to bring it uptodate---Decision on a mutation is not a final adjudication on question of title---Presumption of truth is not attached to the entries in the mutation---Proceedings before Revenue Officers are more in the nature of fiscal enquiries rather than to determine disputed questions of title to the property.---[Words and phrases]. Term "mutation" has not been defined by the legislature. It literally means change or alteration. Thus "mutation" merely signifies alteration of an entry in the revenue records with the object of bringing the latter up to date so as to represent the facts with regard to the respective rights and liabilities of persons as these at present are and not as they should be. In order to maintain the Record of Rights accurately, it is necessary to register carefully all changes as they occur among the right-holders and in the rights themselves. The act of recording these changes is known as `mutation'. Mutation register, is prescribed under section 41 of Land Revenue Act, 1967. Procedure for making of records and scope of enquiry in regard thereto is laid down in sections 42 to 45 of the Punjab Land Revenue Act. Mutation procedure is not designed for final settlement of rights. Nor are the Revenue Officers final arbiters of the rights of the persons or their property. Decisions by them in mutations are merely a prelude to the decision by the Civil Courts which alone are competent to pronounce finally upon the rights of persons and to their properties. In mutation proceedings,, Revenue Officers are required to reach a decision, in so far as they are able to do so in summary proceedings as to the disputed title to the land in question. The decision on a mutation is not a final adjudication on a question of title. It is the formal…
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