Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)--S. 42---Constitution of Pakistan (1973), Art.185---Mutation of gift converted into mutation of "Bai" by over-writing---Validity---Several mutations were entered by Patwari on one and the same day---All such mutations were between same set of parties, purpose whereof, was that each of family member should become exclusive owner of specific Khasra number to the exclusion of other shareholders of joint holding---Gift mutations were thus, entered by Patwari as a result of settlement between parties---Some of the mutations were attested on specific date while other mutations were not attested on that date but were subsequently attested---In subsequent mutations words "Hibba" and "Wahiban" in relevant column of mutation were cut and over-written as "Bai" and specific amount was also inserted to facilitate filing of pre-emption suit as a result of collusion between would be pre-emptors, and Revenue Staff ---Pre-emption suits in fact, were instituted against such mutations---High Court had rightly found that if parties to transaction had changed their mind, Revenue Authorities were required to reject gift mutations and to order entry of fresh mutations of sale after recording such statements/report in "Roznamcha Waqi4i" as required under S.42(1), West Pakistan Land Revenue Act, 1967, at' the instance of owners and then all formalities required for completion of transaction of sale should have been completed before attestation of sale mutation---Neither such report was made to Patwari nor any entry was made in "Roznamcha Waqiati" whereupon it could be gathered that both the parties had changed their mind and agreed to convert gift transaction into that of sale---Finding of High Court was thus correct on that count which warranted no interference. (b) West Pakistan Land Revenue Act (XVII of 1967)-. ----Ss. 172 & 53---Specific Relief Act. (I of 1877), S.42---Constitution of Pakistan (1973); Art.185(3)---Bar of jurisdiction of Civil Court---Essentials--- Exclusion of jurisdiction of Civil Court related to correction of entries made by Revenue Officer in performance of his duty without touching rights of persons in…

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