Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)- ---Ss. 42 (6) & 47 -Mutation-Does not confer any title-Just an arrangement to correct reword of rights (Jamabandi)-Decree of Civil Court -Binding on all concerned whether official or non-official ­Revenue officer bound to incorporate effects of decree of Civil Court without any demur in an implicit manner-Settlement Naib Tehsildar charged of attestation of mutation of a property in pursuance of a decree of a Civil Court although allegedly such property was that of Forest Department--Contention that accused failed in ascertaining actual possession before attesting disputed mutation and thus valuable title on disputed property passed in favour of decree-holder-Rejected--Accused, in circumstances, held, acted quite in accordance with law-Mutation duly entered by Patwari verified by Qanungo and accused having no knowledge or intimation about title of Forest Department, in circumstances, held could not be held guilty of any misconduct in attesting mutation in pursuance of decree of Civil Court--Consequential penalty of compulsory retirement from service in circumstance, set aside with all benefits-Punjab Service Tribunals Act (IX of 1974), S. 4. Ali Ahmad and another v. Muhammad Fazal and another 1972 SCMR322; 1968SCMR573;1968SCMR842(2);PLD1973Lah. 270 and Mst. Jumman v. Dilawar and others P L D 1978 (Rev.) 13. Syed Jamshed Ali for Appellant. Haroon-ur-Rashid Cheema District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Mr. Muhammad Ishaq, for­merly Settlement Naib Tehsildar, Mianwali, has filed this appeal under Section 4 of the Punjab .Service. Tribunal Act, 1974, in which he has impleaded Member (Revenue), Board of Revenue, Punjab, Lahore, Commissioner Sargodha Division, Sargodha, respondents. 2. By virtue of this appeal he has prayed that the order dated 3-1-1981 of respondent No. 2 and 15-3-1982 of respondent No. 1 be set aside and the appellant be re-instated in service with all back benefits. 3. The brief facts of the case are that the appellant while he was posted as Settlement Naib Tehsildar, Mianwali, Mutation No. 1169 was entered by Patwari halqa on 13-2-1979 on the basis of a decree…

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