Law: West Pakistan Land Revenue Act, 1967

Section: 52

Law: Evidence Act (I of 1872)

Section: 43

(a) West Pakistan Land Revenue Act (XVII of 1967)  S. 52PresumptionMutationNot part of recordofrights No presumption of correctness, held, attaches to mutation entries. [Presumption]. (b) Evidence Act (I of 1872)  Ss. 43JudgmentsRelevancyEvidence recorded in case not inter partiesFindings therein, held, cannot affect decision of another case.[Judgment]. Date of hearing : 28th October, 1979.                                                                                                                                    JUDGMENT The dispute relates to the land measuring 4 kanals purchased by the appellants from one Rahim Bukhsh son of Ghularn Hussain. Claiming to be Khewatdar, the respondents filed a suit to preempt the sale. The appellants contested the suit and resisted the respondents' claim as to their superior right of preemption, on the ground that they are the collaterals of the vendor. 2. Apart from the oral evidence of the parties, the respondents relied on copy of the Jamabandi for the year 196768 (Exh. .P. 1) and some other documents. On the other hand, the appellants produced Mutation No. 1093 sanctioned on 4th April. 1940 relating to the inheri tance of one Mst. Gohar Khatoon (Exh. D. 1): Mutation No. 1405 dated 7th August, 1945 (Exh. D. 2), copy of Register Haqdaran for the year 196768 (Exh. D. 31, Pedigreetable (Exh. D. 4), judgment dated 24th February, 1942 passed by the learned Senior SubJudge, Multan, in appeal bearing the title Muslim etc. v. Ilahi Bukhsh etc. (Exh. D. 5) and the copy of the judgment and decree dated 2nd May, 1974 passed by the learned Civil Judge 1st Class, Shujabad in Civil Suit No. 419/71 Wahid Bukhsh etc. v. Faiz Bakhsh (Exh. D. 6 and Exh. D. 7). The learned Civil Judge framed only one issue as to whether the respondents . had superior right of preemption. Relying on the documentary…