| Citation(s) |
|---|
| 1966 SLG 5072 = 1966 SLD 5072 = 1966 PLD 148 |
West Pakistan
Revision, decided on 14th December 1965.
Presented By: I. U. Khan
Yaqub Ali Shah for Petitioners. Rehmat Ali for
Respondent.
Revision, decided on 14th December 1965.
Presented By: I. U. Khan
Yaqub Ali Shah for Petitioners. Rehmat Ali for
Respondent.
WARYAM AND OTHERS-Petitioners
VERSUS
TAURAIZ-Respondent
Law: Punjab Land Revenue Act, 1887
Section: 37
Review-Final order or decree of Court and not decision on individual issues material for purposes of review-Punjab Land Revenue Act (XV1T of 1887), S. 37. ORDER This is a revision filed against an order dated the 28th of May 1964, passed by the Additional Commissioner (Revenue), whereby the appeal preferred by the petitioners was rejected. The facts of the case are that a mutation of sale was sanctioned for an oral sale from one Jalla in favour of Tauraiz, respondent. The petitioners filed a suit for a declaration to the effect that the sale of land in question was null and void as the property was ancestral. The suit was dismissed. A finding was, however, given to the effect that the sale of the land was not necessary and was without consideration and was also against the provision of Martial Law Regulation No. 64. On the basis of this finding, the petitioners applied to the Collector for the review of mutation of sale. This permission was granted and the Assistant Collector 11 Grade cancelled the mutation on the 6th of January 1963. The respondent went in appeal to the Collector, who accepted it. The petitioner then went in appeal to the Additional Commissioner (Revenue), Multan, but it was rejected. Hence this revision. I have heard the learned counsel for the petitioners. He has urged that the sale was fraudulent. This point is immaterial so far as this revision is concerned for the simple reason that after the dismissal of the civil suit, the petitioners took no action to get the Civil Court…