Law:

Section:

Mutation---   ---Compromise decree passed in pre-emption suit -Party in possession praying for entering mutation after 12 years from date of decree-Held, that person in possession could apply for mutation at any time, as question of decree having became time -barred does not arise.   P L D 1950 Pb. (Rev.) 1083 held not applicable.   ORDER   The brief facts of this case are that the land in dispute was sold by certain persons to the petitioners. The respondent brought a suit for pre-emption and a compromise decree was passed on 29-3-1947 in respect of 1/5th of the land which was duly specified by mates and bounds. In accordance with this compromise the respondents deposited Rs. 7,200.00 in the Civil Court and the amount as agreed upon was withdrawn by the petitioners a day later. In 1959 i.e. more than 12 years after wards the respondents produced a copy of the decree before the Revenue Authorities and requested that a mutation be entered and attested accordingly. The Assistant Collector, however, held that as a period of 12 years had expired from the date of the decree, it was no longer operative and rejected the mutation. The Collector upheld this decision in appeal by the respondents. The learned Additional Commissioner, however, interfered on the ground that the decree had already been acted upon as the land in respect of which it was passed was already with the respondents and the entries in the record showed that it was held by them at land revenue rates without payment of any rent to the petitioners. A second revision has been filed, against the order of the learned Additional Commissioner by the petitioners.   The sole ground that has been urged…