Law:

Section:

(a) West Pakistan Land Revenue Rules, 1968--- ----R. 72---Oanun-e-Shahadat (10 of 1984), Arts.49 & 129---Punjab Pre-emption Act (I of 1913), S.15---Superior right of pre-emption ---Ownership in estate--­Certified copies of holding slips (Khataunis Killabandi)---Evidentiary value of--­Holding slip does not form part of Record of Rights or Periodical Records, thus entries thereof would not attract presumption of truth. A holding slip is merely in the nature of a preparatory document intended to assist correct preparation of revenue records. It does not form part of Record of Rights or Periodical Records. Its entries do not attract presumption of truth. Its purpose, mode of preparation, and, form are given in paragraph 256 and Appendix VII of the Settlement Manual, Chapter 7.39-A of the Land Records Manual, and, Form XXXVIII (Appendix A) prescribed under Rule 72 of West Pakistan Land Revenue Rules, 1968. Though presumption of truth may not attract to the entries in holding slip, yet it could not be said to be a document altogether without value as to what is stated in it. It is prepared by a public servant in discharge of his official duty required to be performed by him. At the hearing, none claimed forgery in respect of entries in them nor could such a presumption be ever raised with regard to them. Therefore, in view of Article 49 read with illustration (e) of Article 129 of Qanun-e-Shahadat 1984, entries in holding slips supported by the statement of a witness can be accepted as good evidence of ownership of agricultural land in the revenue estate. Sir James M. Douie on Selltement Manual, Chap. 7.39-A, Appendix VII, para. 256 rel. (b) Punjab Pre-emption Act (I of 1913)-- ----S. 15---Pre-emption suit---Owner in estate---Essentials---Mere ownership of land in revenue estate would not be of much assistance because to be an owner of estate one must own land in revenue estate which was also assessed to land revenue---Both such factors were not only essential but must co-exist also. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Mutation---Evidentiary value of---Mutation though a public document prepared by a public servant in discharge of his…

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