Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185(3)--West Pakistan Land Revenue Act (XVII of 1967), S.45-­Leave to appeal granted to consider whether a review of a particular mutation was devoid of any legal basis in context of facts that property had escheated to Government and Government not being necessary party in suit, decree did not affect Government and so also appellant who was a transferee of this land from Government. (b) West Pakistan Land Revenue Act (XVII of 1967)-----S. 45--Constitution of Pakistan (1973), Art. 199--Writ jurisdiction-­Entries in mutation record--Not evidence of title--Entries in mutation register and other revenue records are not in nature of title deeds, but only have an evidentiary value in support of title, for termination of question of title civil Court is proper forum to adjudicate and not High Court in a constitutional petition. Mian Ghulam Ahmed v. Muhammad Sarwar and others 1968 SCMR 573 and Bal and others v. Mian Dad and another 19611 SCMR 84V (2) rel. (c) Constitution of Pakistan (1973)-----Art. 199--Writ jurisdiction--Review of mutation entry challenged in writ jurisdiction--Controversy involving question of facts and law and also avoidance of declaratory decree cannot properly be adjudicated upon in writ jurisdiction but can only be decided by a Court of general jurisdiction--Order of High Court refusing to interfere, held, unexceptionable. Ch. Khurshid Ahmed, Senior Advocate Supreme Court of Pakistan, Sh. Ghias Muhammad, Senior Advocate Supreme Court of Pakistan and S. Abdul Asim Jafri, Advocate-on-Record for Appellant. A.R. Shaikh, Senior Advocate Supreme Court of Pakistan with Iqbal Ahmed Qureshi, Advocate-on-Record for Respondents No. 1. Nemo for Respondents Nos. 2 to 3. Date of hearing: 17th November, 1985. JUDGMENT MUHAMMAD HALEEM, C.J.--This appeal, by leave, arises from the judgment of the Lahore High Court, Lahore, dated 20-2-1973 by which Writ Petition No. 1226 of 1969 was dismissed. The facts which give rise to this appeal are that two brothers namely, Hukam Singh and Inder Singh were occupancy tenants of 4 squares of land bearing Nos. 39, 41, 43 and 48 in Mauza No. 143/9-L, Tehsil and District Montgomery.…

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