| Citation(s) |
|---|
| 1963 SLG 3262 = 1963 SLD 3262 = 1963 PLD 68 |
West Pakistan
Revision No. 597 of 196 t-62, decided on 27th November 1962, District Mardan.
Presented By:Nasir Ahmad, Member Board of Revenue West Pakistan
Revision No. 597 of 196 t-62, decided on 27th November 1962, District Mardan.
Presented By:Nasir Ahmad, Member Board of Revenue West Pakistan
QURESH AND OTHERS-Petitioners
VERSUS
ABDUL MANAN AND OTHERS-Respondents
Law:
Section:
Mutation-------- --Dispute regarding title-Mutation sanctioned by local revenue officers after enquiry-Aggrieved party may seek remedy in Civil Court - Revenue Officers not expected to go into intricate questions of fact and law while deciding cases of title. Shaukat Ali for Petitioner. ORDER This revision petition relates to certain entries made in the revenue records which were prepared during the course of the first Land Revenue Settlement of the newly merged Gadoon area. There was a dispute between the two parties regarding the ownership of certain lands situated in village Ghabansi, Tehsil Swabi, district Mardan. The respondents made an application to the Settlement Officer alleging that the land in dispute was really in their ownership, and had only been mortgaged with the father of the petitioner. The petitioner's plea was that his father had bought the land outright from the respondents. An enquiry was held by the local Revenue Officers and the Settlement Officer found that the entire land in dispute belonged to the respondents and had been mortgaged with the father of the petitioner for Rs. 14,000,00. Some of it was redeemed at a later date but a part of it still remains under mortgage with the petitioners. Entries were made in the revenue records accordingly. The petitioner preferred an appeal to the Addi tional Commissioner which was dismissed. A revision has now been filed against the order of the learned Additional Commis sioner. The main ground which has been taken up before me is that the mortgage deed which had been relied on by the respondents has not…