Case Details

Citation(s)
1997 SLG 895 1997 SLD 895 1997 CLC 2028
Board of Revenue, Punjab
R.O.R. No.544 of 1991, decision dated: 21st March, 1996
AKHTAR SAID MEMBER (JUDICIAL-I)
Abdul Rashid Javaid for Petitioners. Nemo for
Respondents Nos. 1 to 10 and 12. Ex pane. Iftikhar Hussain Khera for
Respondent Nos. 11, 13 and 14

ABDUL GHANI and others

VS

Mst. GHULAM FATIMA and others

Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 45 & 163---Consent decree---Implementation of---Appellate forum below determined share of respondent in land in question with consent of parties and respondent against whom consent decree was passed neither filed appeal nor initiated any further proceedings against such decree---Decree in favour of appellant and against respondent having become final, no further proceedings including execution proceedings, were necessary to implement same by correcting and incorporating entries in the record of rights, periodical record or the rights of mutations or in. any other Revenue Record. 1972 SCMR 322 ref. ORDER Mst. Ghulam Fatima filed a suit before the Civil Judge against the petitioner Abdul Ghani etc., which was decided on 13-3-1975, under which she was declared entitled to 45 Kanals, 17 Marlas being 1/3 share of 137 Kanals. 2. Mutation No.88 was sanctioned on 28-4-1975 according to this order of the Civil Court. 3. Abdul Ghani etc. went in appeal to the Additional District Judge against the order dated 13-3-1975. The Additional District Judge decided the appeal on 12-5-1977, and passed a decree under which the share of Mst. Ghulam Fatima was reduced from 45 Kanals, 17 Marlas to 22 Kanals, 10-1/2 Marlas. 4. Mst. Ghulam Fatima transferred 45 Kanals, 17' Marlas to her sons through Mutation No.256 sanctioned on 1710-1981: 5. On 4-4-1983 the petitioners applied to the Tehsildar for implementation the decree of the Additional District Judge dated 12-5-1977. 'This application was not accepted. 6. A fresh suit was filed by the petitioners before the 'Civil Judge on 14-5-1983, which was dismissed as withdrawn on 10-10-1987, and its review was also rejected by the Civil Court on 7-2-1988. 7. The petitioners gave an application to the District Collector on 15-6-1988 for review of Mutation No.256 and Mutation No.88, and for implementation of the decree of the Additional District Judge dated 12-5-1977. This was rejected by the District Collector on 14-12-1988. 8. The petitioners' revision petition to the Commissioner was dismissed by the Commissioner on 20-12-1990. 9. The present petition is against the order of the…
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