Law:

Section:

Specific Relief Act (I of 1877)-------S.42---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2--­Constitution of Pakistan (1973), Art. 199---Constitutional petition---Possession of land in question, was handed over to respondents by the order of Revenue Authorities---Validity---Revenue Authorities could not order delivery of possession of piece of land to particular party who was not in possession independently on their own and they could act only under the orders of Competent Authority under execution proceedings---Sanction of mutation in favour of respondents did not create any automatic right of possession in their favour executable by Collector without any decree or order of possession in favour of respondents---Impugned order passed by Assistant Commissioner/Collector was patently illegal which was set aside with direction that all consequential steps/acts taken by Revenue Authorities regarding delivery of possession in favour of respondents be treated as illegal and void---Revenue Authorities were directed to restore position on the spot as it was on the day and time when impugned order was passed. Syed Muhammad Shah Jehan Shah v. Fazlur Rehman and 45 others 1996 CLC 1572; Hafiz Muhammad Arif Dar v. Income-tax Officer PLD 1989 SC 109; Syed Saghir Ahmed Naqvi v. Province of Sindh 1996 SCMR 1165 and Allah Ditta v. Barkat Ali and 3 others 1992 SCMR 1974 ref. JUDGMENT The facts, in brief, are that Khair Din deceased was owner of agricultural land measuring 100 Kanals, situated in Chak No.122/1-L, Tehsil Khanpur, respondent No.3, Mst. Salima Bibi, is his widow and respondent No.4, Sarfraz Ali, is his minor son. The case of the petitioner is that Khair Din sold the abovesaid land to the petitioner, vide Mutation No. 116, attested on 10-7-1991, for a consideration of Rs.2,11,000 and the possession was also delivered to the petitioner under the sale. Thereafter Khair Din died on 26-7-1991, his date of death was wrongly entered as 23-6-1991. The petitioner applied for the correction of the record of the Union Council to the Deputy Commissioner, Rahimyar Khan. After thorough probe, the Chairman, Union Council, vide report, dated 2-12-1991, and the District…

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