Law:

Section:

(a) Punjab Land Revenue Act (XVII of 1887)--- S. 52, West Pakistan Land Revenue Act (XVII of 1967), S. 44 and Evidence Act (I of 1872), S. 114-Presumption-Revenue Record--­Entries of Khasra Girdawari shown to have been made by officials charged with duty in matter. held, presumed to be correct and regular. Entries of Khasra Girdawari do not have same degree and statutory force as exists for entries of annual revenue record. But when entries of Khasra Girdawari are shown to have been made by officials charged with duty in matter in ordinary course of their business, presumption of correctness and regularity, will arise under section 114 of the Evidence Act. Ghulam Hassan and others v. Sarfaraz Khan P L D 1956 S C (Pak.) 306 ref. (b) Evidence Act (1 of 1872)- -- S. 114-Presumption - Revenue Record - Khasra Girdawari--­Patwari not showing continuity of possession of occupant during preceding crops-Girdawar while inspecting crops and supervising work of Patwari supplying omission by noting change in possession under sale and giving a note with regard to it in diary-Presumption with regard to vendee coming into possession, held, raised when entries remained unrebutted. JUDGMENT SHAFI-UR-REHMAN, J.--These two civil appeals arise out of two pre­emption suits, the vendor, the vendee and the pre-emptor being the same, the transactions of sale are different, raising a common question of law, namely, whether the suits instituted were within time. 2. In Civil Appeal No. 87/74, Muhammad Sharif, the vendor and Khudadad, the vendee went to the village Patwari on 11-2-1967 and reported the sale of land measuring 2 kanals 19 marlas bearing Khasra-No. 5179/932 in village Kharoka, Tehsil Jhelum for a sum of Rs. 5,000. A mutation was entered the same day, but was checked on 16-2-1969. It was attested in the presence of the vendor and the vendee on 13-3-1969. The appellant Muhammad Aslam filed the suit on 14-3-1970 claiming the land on payment of Rs. 1,475 only. 3. In Civil Appeal No. 88/74 Muhammad Sharif reported on 12-3-1969 the sale of 1 kanal 10 marlas land bearing Khasra No. 5181/933 in the same village for a sum of Rs. 5,000. The mutation was checked by the Girdawar on…

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