Law: Punjab Land Revenue Act (XVII of 1887)

Section: S. 44

Revenue Record-Entries may be rebutted-Ghair-mumkin area comprising part of village Shamilat-Whether can be in cultivating possession of co-sharer - Punjab Land Revenue Act (XVII of 1887), S. 44.   ORDER   The brief facts of this revision petition are that Nur Ahmad, petitioner who is one of the co-sharers of the shamilal of village Kotla Kalan, district Rawalpindi, sold a certain field not alleged to be in his occupation, but which is admittedly ghairmumkin part, in favour of his son. The mutation was rejected. The Collector declined to interfere in appeal on the ground that though the entries in the revenue record upto 1960 indicate that the petitioner was in possession of the land in dispute as a co-sharer it would be contrary to the existing custom and usages on the subject to enter ghairmumkin area comprising a part of the village shamilat as being in cultivating possession of a co-sharer. For this reason he felt doubtful about the entries. The learned Commissioner has concurred in the opinion of the Collector and has thrown out the revision petition. Nur Ahmad has come up in second revision.   No new argument has…