Law:

Section:

(a) Loans for Agricultural Purposes Act (XLII of 1973)--- ----S. 4(3)---West Pakistan Land Revenue Act (XVII of 1967), Ss.42 8r, 164-­Mutation of mortgage---Validity---Bank had advanced loan against agricultural land, mutation whereof was not entered---Mutation was subsequently entered and sanctioned on application of Bank---Petitioner's predecessor who had been granted such loan had filed suit in his lifetime that fraud had been committed with him by the other loanee with the connivance of the staff of the Bank and that he neither applied for the said loan nor was granted the same, but his suit was dismissed as withdrawn---Petitioners, the successors-in-interest of loanee, although did not deny their predecessor's thumb-marks on various documents, yet they advanced the plea of fraud to escape their pre-decessor's liability--­Additional Commissioner while sanctioning mutation had rightly pointed out that mutation did not confer any title and it should have been entered as soon as loan was advanced but it could not be done due to the slackness on the part of Banks officials and the Revenue staff---Attestation of mutation being a summary proceeding, intricate and complex questions of law and fact could not be enquired into by the attesting Revenue Officer---Petitioners should, therefore, allege their plea of fraud in a competent Court of law---Mutation proceedings being summary in nature impugned mutation had been correctly entered and attested. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Attestation of mutation being a summary proceeding, intricate and complex questions of law and fact could not be inquired into by the attesting Revenue Officer. ORDER Brief facts of the case are that Muhammad Sharif son of Muhammad Ali and Lal Khan obtained a loan amounting to Rs.76,462 for the purchase of tractor from A.D.B.P. against their agricultural land (mortgaged). They deposited first instalment amounting to Rs.14,100 on. 4-7-1982. Thereafter, they defaulted and Muhammad Sharif died in the year 1984. Agricultural Development Bank issued notice to Lal Khan, the other loanee for payment of the loan. The said Lal Khan filed civil suit but did not…

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