| Citation(s) |
|---|
| 1964 SLG 3720 = 1964 SLD 3720 = 1964 PLD 28 |
West Pakistan
Revision No. 628 of 1962-63, decided on 8th July 1963, District Gujranwala.
Presented By: Nasir Ahmad, Member Board of Revenue, West Pakistan
Revision No. 628 of 1962-63, decided on 8th July 1963, District Gujranwala.
Presented By: Nasir Ahmad, Member Board of Revenue, West Pakistan
LATIF MUHAMMAD SIDDIQ AND OTHERS-Petitioners
VERSUS
Mst. ASIA AND OTHERS-Respondents
Law:
Section:
Mutation------- -----Gift of evacuee land by allottee-Revenue Officer has power to sanction mutation in favour of donee. ORDER This revision petition relates to a gift executed by Mst. Paras, a permanent allottee of village Qila Tek Singh, District Gujranwala in favour of the grand-daughter of the donor's husband's brother. The petitioners claim to be the reversioners of the husband of Mst. Paras. The Assistant Collector accepted the factum of gift and decided the mutation accordingly. The peti tioner's appeal was rejected and a revision petition filed with the Additional Commissioner has also been dismissed. A second revision has now been preferred. The main point that has been argued before me is that under the Rehabilitation Settlement Laws (Displaced Persons Lands Settlement Act, 1958) the Revenue Authorities are not competent to attest a mutation relating to succession, alienation or transfer of any other interest in evacuee land. My attention in this connection has been invited to the amendment made in subsection (1) of section 34 of the Punjab Land Revenue Act, 1887 by the Punjab Land Revenue Amendment Act, 1955 which indicates that allotment of evacuee land under the Rehabili tation Settlement Scheme has to be recorded in the Record of Rights under the law for the time being in force by the Revenue Authorities in the same manner as the acquisition of rights in non-evacuee land by inheritance, purchase etc. This view has…