Case Details

Citation(s)
1994 SLG 960 1994 SLD 960 1994 SCMR 1935
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 869-L of 1993, decision dated: 16th May,1994
AJMAL MIAN AND WALI MUHAMMAD KHAN, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

Mst. AISHA BIBI

NAZIR AHMAD and 10

Law:

Section:

West Pakistan Land Reforms Regulation, 1959 (M.L.R 64)--Para. 25---West Pakistan Land Revenue Act (XVII of 1967), S. 39--­Original owner sold land through a registered sale-deed which was followed by a mutation---Revenue Officer while exercising his powers of review under the Land Revenue Act, 1967 could not simultaneously act under Land Reforms Regulation, 1959 and if he was of the view that any provision of the Land Reforms Regulation, 1959 had been violated, his duty was to refer the matter to the Land Commission or the Deputy Land Commissioner who was supposed to be the principal officer of the district concerning land disputes under the Regulation---Orders passed by the hierarchy of officers under the Land Revenue Act were without jurisdiction, inasmuch as, the power to declare any transaction as offending the provision of Land Reforms Regulation, 1959 vested in the Land Commission or the Land Commissioner appointed there under and the jurisdiction of the Civil Court as well as the other Tribunals/Authorities were expressly excluded---When an officer acted under different statute he had to strictly follow the procedure embodied therein and could not exercise his powers availing the provisions of other statute. The suit land was sold by the original owner, through a registered sale-deed which was followed by a mutation as the revenue officers were bound to give effect to all transactions completed through registered deeds in the Revenue Record. There being no mistake apparent on the face of record, the Revenue Officers in the exercise of their review could not set aside the earlier order of attestation of mutation thereby annulling the solemn transaction of sale entered into between the vendor and the vendees in respect of the valuable landed property, more so, on the grounds regarding which the jurisdiction expressly vested in the Land Commission or their subordinate officers and not in any other forum including the Civil Court. Since the hierarchy of Revenue Officers act in different capacities under different laws, it appears that the Revenue Officer also being vested with the powers of Land Commissioner reviewed the mutation on grounds available under…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492