Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 42

West Pakistan Land Revenue Act (XVII of 1967)--- ----S.42---Mutation---Genuineness---Once the authority and genuineness of the.sale transaction was established then mere irregularity' in the procedure regarding attestation 'of mutation would not affect the binding effect of the mutation ---[Hakim Khan v. Nazeer Ahmad Lughmani and others 1990 MLD 89 overruled]. In the present case all the possible evidence to prove the sale transaction covered by the impugned mutation had been proved which included the local commissioner who recorded the statements of the vendor, the two marginal witnesses who identified the vendor before the Local Commissioner and the Teshildar who attested the mutation. All the Courts had held this evidence as believable and free from defect. No flaw in the evidence of the said witnesses was brought on record. There was, thus, no justification to interfere in the agreed decision of all the Courts. Therefore, the technical objection of non-compliance of section 42 of the Land Revenue Act, 1967 would not advance. the case that the statement of vendor lady was not recorded in Jalsa-e-Aam (common assembly) and, thus, entire proceedings in respect of mutation stood vitiated. Once the authenticity and genuineness of the sale transaction is established then mere irregularity in the procedure regarding attestation of mutation would not affect the binding effect of the mutation as no provision in the Land Revenue Act could be referred to which invalidated such transaction. Hakim Khan v. Nazeer Ahmad Lughmani and others 1990 MLD 89 overruled. Ghulam Ali and 2 others v. Mst. Sarwar Naqvi PLD 1990 SC 1 and Muhammad Isa Khan represented by Khalida Abid Khanam and others v. Muhammad Hussain Khan and others PLD 1954 SC 39 distinguished. Hakim Khan v. Nazeer Ahmad Lughmani and 10 others 1992 SCMR 1832 ref. ORDER ABDUR REHMAN KHAN, J.---Petitioners/plaintiffs sued the respondents for declaration that as heirs of Mst. Hussain Jan, their mother, they were entitled to own and possess the suit land and, therefore, Sale Mutation No.6906 sanctioned on 12-3-1985, on her behalf in favour of defendants/respondents, was collusive, fraudulent and as such was ineffective…

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