Law:

Section:

(a) West Pakistan Land Revenue Act (XV1I of 1967)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Art. 118---Entries in duly sanctioned mutation---Evidentiary value of---Entries in duly sanctioned mutations which were still not incorporated in the record of rights, would not carry presumption of truth---Nature of mutation proceedings being summary in nature, they were intended to keep record of collection of land revenue--­Mutations, however, were admissible evidence and were entitled to weight dependent upon circumstances of each case---To prove factum of admission as recorded in the entries of mutation, person relying upon such entries has to prove admission in consonance with the principles of Qanun-e-Shahadat which are applicable to prove admissions---Initial onus of proof of a transaction embodied in mutation is essentially upon the beneficiary of the mutation. Nageshar Bakhsh Singh v. Mst. Ganesha AIR 1920 PC 46; Nirman Singh v. Thakur Lai Rudra Partab AIR 1926 PC 100; Wali Muhammad v. Muhammad Bakhsh AIR 1930 PC 91; Gurunath Radhaswami v. Bhimappa PLD 1948 PC 123; Abdul Karim v. Fazal Muhammad Shah PLD 1967 SC 411; Habibur Rehman and another v. Mst. Wahdania and others PLD 1984 SC 424; Khawaja Ammar Hussain v. Muhammad Shabbiruddin Khan PLD 1986 Kar. 74; Muhammad Bakhsh v. Ziaullah and others 1983 SCMR 988; Mst. Hawa v. Muhammad Yousuf and others PLD 1969 Kar. 324; National Bank of Pakistan, Karachi v. Dawood Yousuf Mithani and 2 others PLD 1978 Kar. 42; National Bank of Pakistan v. Mst. Hajra Bai and 2 others PLD 1985 Kar. 431; Karamat Ali and another v. Muhammad Younus Haji and others PLD 1963 SC 191; Abdul Majid and others v. Khalil Ahmad PLD 1955 FC 38; Pathana v. Mst. Wasai and another PLD 1965 SC 134; Sikandar v. Sultan Muhammad PLD 1974 SC 11; Khera Din and 6 others v. Taza Din and 46 others 1968 SCMR 1027; The Province of West Pakistan through the Deputy Commissioner, Khairpur v. Imam Bukhsh 1970 SCMR 465; Muhammad Hussain and others v. Ahmad Khan and another 1971 SCMR 296; Azhar Saleem v. Muhammad Anwar Khan and others 1974 SCMR 484; Haji Noor Muhammad v. Ghulam Masih Gill PLD 1965 BJl; Muhammad Amin and others v. Mian Muhammad PLD 1970 BJ 5;.…

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