Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 163----Review---Review of mutation after fourteen years---Sale of land comprised in mutation was shown for residential purposes in sale-deed as also in mutation---Respondent applied for review of mutation on ground that petitioner was using land for agricultural purposes instead of residential one for last fourteen years---Competency where mutation based on sale-deed was sanctioned, Revenue Authorities were not competent to question whether contract between parties was implemented or not---Respondent could take recourse to Civil Court for implementation of contract between parties--­Review was not competent in circumstances. 1989 SCMR 130; PLD 1959 SC 9 and 1984 CLC 737 ref. ORDER Brief facts of the case are that the petitioner by way of registered sale­deed dated 9-6-1973 purchased 3 Kanals 11 Marlas, equivalent to 78/3411 shares out of a joint Khata of 170 Kanals 11 Marlas situated in village Binda Sandila, for building purposes. Mutation No.247 was duly sanctioned on 19-8-1974. The vendor filed an application on 9-1-1988 before the District Collector, Multan requesting therein for the review of abovesaid mutation as being hit by the provisions of MLR-115 because the land was sold for construction purposes but the vendee was cultivating the land. The District Collector on 13-6-1988 accorded the permission to review the mutation. Being aggrieved by the said order of the District Collector the petitioner filed an appeal before the Additional Commissioner who vide his order dated the 19-2-1989 dismissed the same on the ground that the petitioner did not construct any house on the suit land and further in view of the said transaction, the petitioner had obtained a decree from the Civil Court in a pre-emption case. Hence this revision petition under section 164 of West Pakistan Land Revenue Act, 1967. 2. The learned counsel for the petitioner argued that vide PLD 1989 FSC 80, paragraph 24 of MLR 115 was held to be inconsistent with the injunctions of Islam and Shariat, and amendments were given effect from 1-1-1990. The petitioner had purchased 3 Kanals and 18 Marlas land for residential purposes out of the…

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