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

Section: 42,52,53

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.2

Law: Specific Relief Act, 1877

Section: 42

(a) Suit--- ----Filing of---Limitation---Filing of suit from date of knowledge is always presumed to be in time unless otherwise proved. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 53---Specific Relief Act (I of 1877), S.42---Declaration of title---Mutation, assailing of---Principle---Limitation to challenge mutation without notice to plaintiff runs from the date of his knowledge. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 42 & 52---Mutation---Entries---Scope---Mutation is not a document of title and by itself it does not confer any title, right or interest---Burden of proof lies on the party, who seeks to establish genuineness of transfer in its favour---Record of rights though not instrument of title but unless rebutted, presumption of truth is attached to it. (d) Civil Procedure Code (V of 1908)--- ----O.VI; R.2---Written statement---Fact not pleaded---effect---Question of fact not pleaded; mentioned in written statement, unless amended with permission, cannot be allowed to be argued. (e) Privately Managed Schools and Colleges (Taking our) Regulation 1972 (MLR 118)--- ----Para. S---Specific Relief Act (I of 1877), S.42---West Pakistan Land Revenue Act (XVII of 1967), Ss.42 & 53---Declaration of title---Land of nationalized schools---Plaintiffs assailed mutation of land of nationalized school in favour of Provincial Government on the ground of their being its owners---Suit filed by plaintiffs was dismissed by 'Trial Court---Plea raised by the plaintiffs was that land in dispute was illegally taken over by authorities and mutation was recorded behind their back, who were never called upon or served any notice by Revenue Authorities---Validity---Merely because privately managed schools along with their assets were to vest in Government, under the terms of para.5 of Martial Law Regulation No. 118, it did not imply that government had become owner in relation to buildings wherein schools or colleges were being run---Intention of Martial Law Regulation No., 118 manifestly was only to take over the management of institution and not to confiscate property in which privately managed school was being run---No evidence was…

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