Case Details

Citation(s)
1963 SLG 3237 = 1963 SLD 3237 = 1963 PLD 55
West Pakistan
Revision No. 585 of 1961-62, decided on 5th November 1962, District Lyallpur.  
Presented By: Nasir Ahmad, Member Board of Revenue, West Pakistan
Sanaullah Bajwa for Petitioner.

QUTAB DIN-Petitioner  

VERSUS

  FAZAL KARIM-Respondent  

Law:

Section:

Mutation-----   ----Void transaction should, not be given effect to in avenue record-[Alienation by widow-Mutation to be entered and sanctioned, because transaction is voidable, not void].  ORDER   The brief facts of this case are that Mst. Basso, a widow alienated the property in dispute which is situated in Chak No. 157-GB, district Lyallpur in favour of Fazal Karim, respon dent. A mutation was attested accordingly but the Collector interfered in appeal and held that the donor was a limited owner and was not entitled to transfer full ownership of the property. In second appeal the learned Commissioner reversed the order passed by the Collector and in doing so relied on the provision of section 37 of the Land Revenue Act. He was also of the view that the question whether a widow a limited owner depended of custom and was thus for determination by a Civil Court of competent jurisdiction. A second revision has been filed against this order.   There have been numerous rulings of the Financial Commis sioners and of the Board of Revenue drawing a distinction between void and voidable transaction. The former are not to be give, effect to in the revenue records whereas the latter are incorporated in them and it is…
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