Law: West Pakistan Land Revenue Act, 1967

Section: 42, 164

Law: Transfer of Property Act (IV of 1882)

Section: 54

West Pakistan Land Revenue Act (XVH of 1967) Ss. 42 & 164---Transfer of Property Act (IV of 1882), S.54---Correction in Revenue Record---Revision---Respondents who were recorded as tenants in Register Haqdaran Zamin in respect of land in dispute, claimed that they had acquired certain rights in their tenancy on basis of agreement to sell-- Revenue Authorities below changed entries in Revenue Record in accordance with alleged agreement of sale in favour of respondents---Application of petitioners for correction of Register Haqdaran Zamin and Register Girdawari were turned down by District Collector and also by Additional Commissioner on ground that long-standing entries in Revenue Record could not be changed---Agreement to sell would not create any title in favour of respondents/prospective transferees as no charge or right could be created in favour of respondents unless agreement was completed between the parties or decree obtained in suit for specific performance---Since no right or title was created, respondents being prospective acquirors of right, could not even invoke provisions of S.42 of West Pakistan Land Revenue Act, 1967 to have the entry recorded in Roznamcha Waqiati and Register of Mutations-- Perception of Revenue Officers that a right was created in favour of respondents on basis of agreement to sell, could not be allowed to subsist by an entry in Revenue Record---Orders of Authorities below were set aside in revision by the Board of Revenue. 1994 SCMR 1188 and 1989 SCMR 949 ref.                                                                                                              ORDER Section 45 of the Transfer of Property Act defines contract of sale as:-- "A contract for the sale of immovable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself create any interest in or charge on…