Law:

Section:

(a) Constitution of Pakistan (1973)-------- Art. 185 (3)-West Pakistan Land Revenue Act (XVII of 1967), Ss. 39 & 44-Leave to appeal granted to examine conflict of autho­rity in Shamsur Rehman v. Hukmat Khan and another P L D 1967 Posh. 304 and Shad Muhammad v. Khanpur P L D 1979 Pesh. 93 on question whether in case of conflict entry in column of cultivation of Jama­bandi should not be given preference over Legan column. (b) West Pakistan Land Revenue Act (XVII of 1967)-- --- Ss. 39 & 44 -Record-of-rights- Jamabandi-Entries of column of Logan, otherwise not corroborated by any evidence cannot take precedence over column of cultivation-Party relying on Logan column as against cultivation column would have to produce evidence in support of its plea. Entries of the column of Lagan; otherwise not corroborated by any evidence cannot take precedence over the column of cultivation. The party relying on the Legan column as against the cultivation column would have to produce evidence in support of its plea. In the present case the respondents relied on the Logan column entry to the effect that the appel­lant was not paying rent, on account of a mortgage. This stands con­tradicted by the cultivation column where he is mentioned as tenant; as also, indirectly by the ownership column of the Jamabandi where other persons are mentioned as mortgagees but not the appellant. The explana­tion of the respondent is that although the mortgage in favour of the appellant, indicated obliquely in the Lagan column, had taken place, the mutation was not yet sanctioned when the relevant jamabandi, was prepa­red. But be failed to produce any evidence to support this, Held, it was his burden to adduce such evidence. The reliance of similar entry in the Khasra Girdawari as in Lagan column of Jamabandi, is of no avail to the respondent; because, it cannot be given preference to the above referred two columns of the Jamabandi. Similarly there is no force in the conten­tion of the respondent that Legan column does not show payment of any Lagan therefore, the appellant even if mentioned as tenant in the cultivation column was not a `tenant' as defined in the relevant law, which required…

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