Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------S. 52---Qanun-e-Shahadat (10 of 1984), Art.49---Custom (Punjab)---Shirt Wajib-ul-Arz---Entry shown in the Shart Wajib-ul-Arz reflecting the prevailing custom .in a particular locality and prepared under the instructions of the. Government is admissible in evidence as a prima facie proof regarding the custom recorded therein---Such document is prepared by a village official on the basis of the statements of persons possessing interest in the village regarding their rights and customs and it is recorded as an official record of the local custom of the area and is taken as a part of the record of the rights, and is admissible under Art.49 of the Qanun-e-Shahadat, 1984. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 52---Custom (Punjab)---Shirt Wajibul Arz reflected art agreement based on custom pertaining to land classified as Banjar area giving right to the residents of village of grazing their cattle, collecting fuel wood and using natural ponds for their cattle---Evidence on record showed that a part of the land in question was sold out by the proprietors which was also purchased by the residents of the village while some portions of the land were improved--­Proprietors had leased out some portions of the land to the Forest Department against 25 years lease and residents of the village were using rest of the land for pasturage, for collecting fuel and for showing water to their cattle---Residents of the village filed a representative suit under 0,1, R.8, C.P.C. praying therein that the proprietors of the land be restrained from obstructing them in the exercise of their rights---First Appellate Court :ad rightly found that the portion of land which was being used for purposes of pasturage by the residents of village was lawful since antiquity, however, rights of proprietors and non-proprietors had to be balanced fairly and that rights of non-cultivators reflected in the Shart Wajib-ul-Arz did not in any way efface the proprietary rights of the proprietors---First Appellate Court, however, while accepting the rights of the residents of the village allowed them to use their customary right of…

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