Law: West Pakistan Land Revenue Act, 1967

Section: 45 , 67 , 100

  West Pakistan Land Revenue Act (XVII of 1967)--- ----S.45,---Evidence Act (I of 1872), S.67---Qanun-e-Shahadat (10 of 1984), Art. Procedure Code (V of 1908), S. loo ---Entries contained in mutations are not per se admissible, they have to be proved like any other document in consonance with the provisions of Qanun-e-Shahadat, 1984 Art. 78 and S. 67 S.45 of Evidence Act, 1872---Where the Patwari was not produced to prove the entry recorded by hint nor any evidence was led to prove the entry relevant witness, conclusions drawn by two Courts below regarding the through date of death of deceased could not be differed with by High Court in second appeal. West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2-A [added by Punjab Muslim Personal Law (Shariat) Act, (Amendment) Ordinance XIII of 1983), S. 2)-- Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948), S. 3---Inhcritance of a male owner who died leaving behind his only daughter and a real brother---Record showed two certified copies of mutation wherein there was an entry by Patwari dated 22-12-1945 which indicated that information had been given through an application that male indicated owner had died ---Girdawar had appended his signatures on 26-12-1951 and the mutation was attested on 23-1-1952---Held, Girdawar having signed the mutation on 26-12-1951 in accordance with the Muslim Personal Law there was no reason to differ with the concurrent finding that deceased died after 1948 and he was governed by the Muslim Personal Law in respect of devolution. West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2-A [added by Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983), S. 2A---Succession to the estate of a male. owner who died in 1945 leaving behind his only daughter and a real brother has to be determined according to provisions of Muslim Personal Law on account of retrospective operation of S. 2-A of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 (as amended). Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407 and Muhammad Akram and 26 others v. Noor Ahmad and…