Law: West Pakistan Land Revenue Act, 1967

Section: 142

  West Pakistan Land Revenue Act (XVII of 1967)-- ---S.142--Scope--When the mode of partition sanctioned, though appealable was not challenged by any of the parties, partition attained finality. Subsection (3) of section 142 of the Land Revenue Act provides that if an applicant for partition is dissatisfied with an original or appellate order under this section and applies for permission to withdraw from the proceedings and so far as they relate to the partition of his share, he shall be permitted to withdraw therefrom on such terms which the Revenue Officer thinks fit. Subsection (4) further provides that on such withdrawal the Revenue Officer may, where the other applicants, if any, desire the continuance of the proceedings, continue them in so far as they relate to the partition of the shares of those other applicants. Section 142 deals with the mode of partition and has nothing to do with proceedings subsequent to the sanctioning of mode of partition where the mode of partition sanctioned was not challenged by either of the parties though appealable it attained finality. West Pakistan Land Revenue Act (XVII of 1967)-- ---S.145--Instrument of partition--Non-filing of stamp and instrument of partition would not mean that partition proceedings were not completed. West Pakistan Land Revenue Act (XVII of 1967)-- ---S.145--Partition already completed--Non-riling of non-judicial stamp and non-preparation of instrument of partition would not mean that party intended to withdraw from the partition and even if such intention was expressed same would have no effect on the partition already completed. West Pakistan Land Revenue Act (XVII of 1967)-- ---S.164--Constitution of Pakistan (1973), Art.] 199--Interference by Additional Commissioner with the order of Revenue Officer passed in review of partition mutation--Validity--Such inference being in exercise of revisional jurisdiction under S.l04 of the Act was legal. West Pakistan Land Revenue Act (XVII of 1967)-- ---Ss.145 & 146--Law Record Manual, para. 18.19--Non-filing of non-judicial stamp on the attestation of mutation of partition---Effect---Preparation of instrument of partition is a condition precedent…