Law: West Pakistan Land Revenue Act, 1967

Section: 45

West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 45---Incorporation of time-barred decree in revenue record---Revenue Officer's obligation---Revenue Officer was under obligation to correct and bring up to date revenue records in conformity with the binding adjudication of Civil Courts, who alone were arbiters of civil rights of the parties---Provision of S.45, West Pakistan Land Revenue Act, 1967 provided that entries in record of rights would not be altered in subsequent record otherwise than by making entries in accordance with facts proved or admitted to have occurred; making such entries as were supported by a decree or order binding on those parties; and making new maps where necessary to make them---Provisions of S.45. West Pakistan Land Revenue Act, 1967 being compulsive and mandatory provision of law, Revenue Officer was not authorised to review and scrutinise merits of decree of Civil Court and question its correctness---Revenue Officer must accept decree of Civil Court and act upon it to give effect to it, in revenue record---Revenue Officer had no domain to question decree of Civil Court or to say that same being time-barred he would not act upon it; his jurisdiction being summary, in exercise of same, he was not allowed to by-pass jurisdiction of Civil Court which was empowered to sit in judgment on the rights to property---Simply because decree of Civil Court was time-barred, same would not lose its utility---Revenue authorities were under obligation to sanction mutation on basis of decree of Civil Court---Decree in question, having apportioned respective shares of parties by giving them speed shares, same was binding upon the parties, and Revenue authorities were obliged to mutate the land in accordance with it. Ali Ahmad and another v. Muhammad Fazal and another P L D 1973 Lah. 207 and Ali Ahmad and another v. Muhammad Fazal and another 1972 SCMR 322 rel. Bashir Ahmad Shaikh for Petitioners.   ORDER Writ application by the petitioners directed against a decision dated 9-9-1991 of learned Member (Rev.) Board of Revenue, Punjab, Lahore, raises purely a legal question regarding obligation of a Revenue Officer to correct entries in…