Law: Punjab Land Revenue Act (XVII of 1887)

Section: 44

Punjab Land Revenue Act (XVII of 1887)------   -----S. 44-Presumption of correctness as to entries in revenue records-Successfully rebutted by existence of civil Court's compromise decree which, though not executed, was acted upon by parties on the spot but not carried out by mutation in revenue record-Order of three Revenue Officers below holding that relationship of landlord and tenant did not exist between parties, not interfered with in Second Revision by Board. Faqir Hussain for Petitioners.   ORDER   This is a second revision filed against an order dated the 11th of December 1963, passed by the Additional Commissioner,   Lahore, whereby the revision preferred by the petitioners was rejected.   The facts of the case are that the land in dispute comprises 63 kanals and 17 marlas out of a total area of 94 kanals and 17 marlas. There was litigation between the predecessors-in interest of the parties and several transactions were involved. Ultimately a compromise decree was given on 17-4-1935 by virtue of which 2/3rd of 94 kanals and 17 marlas went to the father of the respondent and 1/3rd was given to the petitioners' father. The parties were put in possession of the shares mentioned above. Subsequently, the petitioners, through their Mukhtar Khas, brought a suit of rent for Rabi 1961 and Kharif 1961. The Assistant Collector, IInd Grade held that the relationship of landlord and tenants, in the light of the history given above did not exist between the parties and dismissed the suit. The petitioners went in appeal to the Collector but it was dismissed. They then filed a revision before the Additional Commissioner but it was also rejected. Hence this second…