Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)---------Ss. 42, 44 & 164---Inheritance---Mutation, cancellation of---Deceased had four sons and one daughter---Two sons having died issueless, mutations with regard to inheritance of their land were sanctioned in favour of their one brother only---Fourth brother had challenged the said mutations on the ground that he also being a brother of two deceased, who died issueless, had been deprived of his due share from their inheritance---Collector accepted cLalm of petitioner/fourth brother being real brother of deceased brothers and found him entitled to get his share from the inheritance of deceased---Additional Commissioner, however, denied cLalm of petitioner and upheld original mutations made in respect of land of deceased two brothers in favour of only third brother/ predecessor-in-interest of respondents simply on the ground that cLalm of petitioner was doubtful as his name in pedegree-table was "Muhammad Bashir Shah" while in identity card his name was shown as "Bashir Shah"---Validity---Under no norm of justice, mere fact of name "Muhammad Bashir Shah" in documents instead of name "Bashir Shah" could be made the basis for conclusive verdict that petitioner was not son of the deceased and brother of other sons of deceased---Basic name being `Bashir Shah' addition of the word 'Muhammad' with the same in the documents, could simply be a mistake on part of Halqa Patwari which was nothing usual with Patwaris who rarely work with a sense of responsibility of the required degree---Respondents could not produce any proof about identity of said. "Muhammad Bashir Shah" as a person different from petitioner "Bashir Shah" ---Identity of petitioner "Bashir Shah" as son of deceased father and as fourth brother of two deceased brothers who died issueless, alongwith third brother, was not shrouded in any mystery but spoke loudly for itself---Mutations in respect of land left by two deceased brothers sanctioned ignoring petitioner, was dishonest and unlawful ---Accepting revision filed by petitioner, order passed by Additional Commissioner, was set aside and disputed mutations stood cancelled ---Halqa Revenue Officer was…

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