Case Details

Citation(s)
1962 SLG = 1962 SLD 2613 = 1962 PLD 49
West Pakistan
Revision No. 156 of 1960-61, decided on 11th December 1961, District Sheikhupura.  
Presented By: Nasir Ahmad Member Board of Revenue

MUSHARAF ALI AND OTHERS-Petitioners  

VERSUS

  ANWAR ALI AND OTHERS-Respondents  

Law:

Section:

Mutation- Declaratory decree awarding share of land --Mutation sanctioned-Decrees touching title to be incorporated in Revenue Records-Opponents' plea of adverse possession imma terial for purpose of mutation-[P L D 1350 Ph. (Rev.) 432 and P L. D 1950 Pb. (Rev.) 460 rel.]   ORDER   The parties in this revision petition are collaterals and jointly owned large landed properties in village Kot Yaqoob District Sheikhupura and in U. P. India. Under a mutual agreement they partitioned their property among themselves. In accordance with this partition Sakhawat All, the predecessor-in-interest of res pondents Nos. 2 to 6, got possession of the property in U. P. and the petitioners held the land in village Kot Yaqoob. Presumably as a result of this agreement Sakhawat Ali being an absentee co-sharer, his name was dropped, without any order of a Revenue Officer from the revenue records of village Kot Yaqoob, while the petitioners and respondent No. 1 were recorded as the only owners of the land in dispute. Sakhawat Ali was anxious to get his name restored as a co-sharer in the revenue records of village Kot Yaqoob. Litigation started between the parties and the matter went up to the High Court which passed a declaratory decree on 15-5-56 to the effect that Akbar Ali son of Sakhawat Ali (who has died) was the owner of one-half share in the land in dispute. A Letters Patent Appeal against the order of the Single Judge of the High Court was also dismissed on 22-1-1957.   In pursuance of this declaratory decree mutation No. 16 of village Kot Yaqoob wasentered on 4-3-1957, on the applica tion of Akbar Ali. It was attested by the Revenue Officer on 31-3-57. In appeal and then in revision before the Collector Sheikhupura and the Additional Commissioner, Lahore, the order of the Revenue Officer, implementing the decree of the Civil Court, was maintained, hence this second revision petition.   Two main points have been urged by the learned counsel for petitioners :-   The Assistant Collector passed the order on mutation No. 16 without summoning or hearing the…
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