Law:

Section:

Land Reforms Regulation, 1972 (M.L.R. 115)--Para. 29---Constitution of Pakistan (1973), Art. 185(3)---Declaration with respect to alienations of land ---Declarant's plea was that he appeared before Revenue Authority on, 25-2-1967 and made declaration with respect to alienations of land which was recorded in the book of statements, dated 25-2-1967 and authenticated by concerned Revenue Officer---On basis of and by reference to such attested and recorded statement transactions were entered in the Mutation Register and approved on 19th March, 1971---Question before Land Commission Authorities was whether alienations were made prior to the crucial date i.e. 1-3-1967 or after that---Land Commission's finding was that alienations had been effected after the crucial date of 1-3-1967---Declarant successfully challenged finding of Land Commission before High Court---Leave to appeal---Declarant had the attested copy of declaration made by him on 25-2-1967---Original record if not available as found by Land Commission then secondary evidence should have been made use of, for coming to a . conclusion---Mutation having been entered by reference to declaration made on 25-2-1967, such fact should have been verified from other material---Suspicion, however, strong was no substitute for proof---Alienations which had been completed before crucial date i.e. 1-3-1967, would be immune from scrutiny by Land Commission---Want of registration of transaction was a matter which was not determinative of genuineness of alienation as such---Leave to appeal refused in circumstances. Mst. Bibi Mehrun Nisa and 2 others v. Land Commissioner, Sindh and 2 others P L D 1975 Kar. 291 ref. Muhammad Jamil Asghar v. The Improvement Trust, Rawalpindi P L D 1965 SC 698 rel. JUDGMENT SHAFIUR RAHMAN, J.---The Federal Land Commission seeks leave to appeal against the judgment of High Court of Sindh dated 19-10-1983 whereby following the law laid down by that Court in Mst. Bibi Mehrun Nisa and 2 others v. Land Commissioner, Sindh and 2 others (PLD 1975 Karachi 291) the Order of the Federal Land Commission dated 18-11-1976 under Para 29 of the Land Reforms Regulation, was declared to be without lawful…

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