Law:

Section:

(a) Mutation-Land Revenue Act (XVII of 1887), S. 37-Lease of minors property by mother under Registered deed-Possession delivered-Revenue Officer bound to sanction mutation-low con­sideration or mother being not the guardian for property of minors, disregarded. The transaction was based on a registered deed by which the possession had already been delivered to the lessee. In the circumstances the Revenue Officer was bound to sanction the mutation. It is not iris func­tion to go into intricate questions of law. Such a transaction is a "fact" until it is set aside in due course of law. (b) Punjab Land Records Manual-Chap. 7, paragraph 7.17. A mutation should not be refused merely because it is claimed that the alienor has no right by custom or statute to make such an alienation. Order This is a reference case received from the Commissioner, Rawalpindi division. The facts of the case have been fully given in the reference, dated 10th July 1947, made by the Commissioner, Rawalpindi, and need pot be recapitulated here. Counsel for the petitioners has laid great Stress on the fact that the mother of the minors was, according to Muhammadan Law, neither a de facto nor a de jure guardian of the minors or custodian of their property and, as such., had no locus stand; to lease out their land on their behalf in favour of the respondent. The learned Commissioner has also emphasized…

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