Law: Contract Act, 1872

Section: 17

Law: Constitution of Pakistan, 1973

Section: 199

Law: West Pakistan Land Revenue Rules, 1968

Section: 42

(a) Contract Act (IX of 1872)---S.17---Fraud---Definition---Allegation of fraud---Burden of proof---Fraud vitiates all solemn acts and any instrument, deed or , or decree obtained through fraud is a nullity in the eye of law and can be questioned at any time and can be ignored altogether by any Court of law before whom they are produced in any proceeding---Duty of Court in such a case stated.-­[Fraud--Burden of proof]. Abdul Wahid v. Mst, Zamrut PLD 1967 SC 153; PLD 1958 PC 48; Ahsan Ali v District Judge PLD 1969 SC 167; Mst. Bhani v. Mian A. M. Saeed 1969 SCMR 299 and Begun Shams-un-Nisa v. Said Akbar Abbasi PLD 1982 SC 413 ref. Per Saleem Akhtar, J., Muhammad Afzal Zullah, C.J., agreeing- (b) West Pakistan Land Revenue Act,(XVII of 1967)-- ---S. 42---Mutation---When mutation is not legal and proper, the entire structure built on it shall crumble. (c) West Pakistan Land Revenue Act (XVII of 1967)-- ---S. 42---Mutation---Entries in the mutation record are fiscal in nature, do not conclusively establish ownership in favour of the person in whose name such entries had been made and provide merely a rebuttable material. Muhammad Haider Zaidi v. Abdul Hafiz 1991 SCMR 1699 ref. (d) West Pakistan Land Revenue Act (XVII of 1967)-- ---S. 42---Mutation---Allegation of fraud---Where the right of the person whose name has been recorded and the entry has been challenged on grounds of fraud, such entry can hardly prove ownership---[Fraud]. Per Wali Muhammad Khan, J. (Minority view)--­ Per Saleem Akhtar, J, Muhammad Afzal Zullah, C.J. agreeing-- (e) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Controversy with regard to legality and correctness of mutation is a factual controversy---Where the case had been considered by various authorities, their decision on fact could be disturbed in exercise of Constitutional jurisdiction if it was against the material on record or without any basis---High Court even in such cases would refrain from substituting its own finding of fact and proper course would be to remand the case to lower Tribunal for determination of the controversy. PLD 1970 SC 39; 1972 SCMR 47 and 1981 SCMR 758 ref. (f)…

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