Law: West Pakistan Land Revenue Act, 1967

Section: 135, 164

West Pakistan Land Revenue Act (XVII of 1967) Ss. 135 & 164---Partition of land---Revision---Revenue Officer in ex parte proceedings accepted the words of respondents in absence of petitioner who was co-sharer in land in dispute---Revenue Courts were duly bound to strictly adhere to requirements of law---Even if petitioners who were co sharers in land were absent intentionally or otherwise, Revenue Officer was bound to act in accordance with provisions of law---Revenue Officer was required to consider all aspects of partition such as title in property to be decided, possession of each co-sharer, classification of land, proximity of any portion of land near Abadi Deh before drawing up scheme of partition-- Absence of co-sharers from partition proceedings could not in any way absolve Revenue Officer from his laid down duty---Order of Revenue Officer upheld by Additional Commissioner whereby partition of land was allowed on basis of Wandas proposed by respondents, was bad in law---Such order was set aside in revision and case was remanded to be decided afresh.                                                                                                  ORDER Muhammad Usman and Mst. Kafian filed two separate applications for partition of their respective share in the joint holding. Revenue Officer initiated proceedings for partition. The present petitioners in the beginning of the proceedings were present but later absented themselves whereupon a public proclamation was made in a National Daily for their appearance before Revenue Officer Halqa in connection with partition proceedings. On their failure to appear, ex parte proceedings were initiated against them. Revenue Officer, Halqa vide his order, dated 3rd January, 1995 accepted the Wandas submitted to him by the present respondents. Muhammad Ashiq, etc., and Muhammad Younus, etc., the other co-sharers who had deliberately absented from associating with the…