Case Details

Citation(s)
1992 SLG 1041 1992 SLD 1041 1992 CLC 2018
Board of Revenue, Punjab
R.O.R. No. 1509 of 1987, decided on 30th July, 1991. DATE of hearing: 8th January, 1992
HAFEEZULLAH ISHAQ, MEMBER (REVENUE)/CHIEF SETTLEMENT COMMISSIONER, PUNJAB
Ch. Abdul Aziz for Petitioner. Ch. Wajid Ali for
Respondents

GHULAM AHMAD SHEIKH

VS

THE STATE and others

Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Decree of Civil Court---Incorporation in Revenue Record---Decree of Civil Court, unless set aside by a competent Court would have to be incorporated in Revenue Record. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-- ----S. 2 (2)---P.T.D., issuance of---Dispute relating to excess area ---P.T.D. did not mention area of house but mentioned that full property comprising house in question, was transferred to petitioner---Area of house transferred to petitioner was thus, open to question, which required to be determined--­Petitioner's contention that case could not be re-opened after Settlement Authorities had become functus officio, by issuing P.T.D., was not correct--­Notified Officer was directed to determine area to which petitioner was genuinely entitled. PLD 1980 SC'. 65; 1982 SCMR 3-18; PLD 1974 S C 276 and PLD 1986 La h. 116 ref. ORDER The dispute is with regard to Khasra No.1628/573/2T) bearing property No.B-XI-3S-11 measuring 8 Kanals 4 Marlas 75 Sq.ft. situated in village Khokharke, Tehsil and District Gujranawala. During the inspection of the office of Sub-Registrar (Urban) by the Deputy Commissioner/District Registrar it was detected that sale-deeds No.17624, 17929 and 17625 executed by one Ghulam Ahmad Sheikh, petitioner on 4-10-1980 were fictitious and his ownership was also suspicious. The Deputy Commissioner asked the Assistant commissioner to probe into the matter. Nizam Din etc. (respondents) also applied to the Assistant Commissioner for impleading them as a party to the case. The Assistant Commissioner submitted his report stating therein that abovesaid property was transferred in the name of the petitioner by PTD on 24-1-1967 but the PTD does not indicate the description of area of the disputed property. As per record of Excise and Taxation Department the area. of the property in question was only 10 Marlas and that the petitioner had encroached upon the graveyard of Muslims bearing Khasra Nos. 'I628/573/299. After having report the Deputy Commissioner vide order dated 21-6-1986 under section 175 of Land Revenue Act, 1967 after hearing the parties…
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