Case Details

Citation(s)
2004 SLG 1997 2004 SLD 1997 2004 CLC 1778
Board of Revenue, Punjab
R.O.R. No. 1294 of 2001, decision dated: 2-06-2004.
SHAUKAT IQBAL, MEMBER (JUDICIAL-II)

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MUHAMMAD DIN and others

VS

Mst. RASHIDA BEGUM and others

Law:

Section:

Transfer of Property Act (IV of 1882)-------S. 118---West Pakistan Land Revenue Act (XVII of 1967), Ss.42, 44 & 164---Mutation of exchange---Cancellation of who was bona fide purchaser of land in dispute for consideration, had challenged order whereby mutations of exchange of disputed property were declared fraudulent and consequently were cancelled---Order canceling mutation was passed on the basis of surmises and conjectures and by misreading of evidence on record and the order was not a speaking order---Rights having accrued to the Petitioner who was bona fide purchaser on basis of private treaty, he could not be deprived of the same-- -Mutations of exchange were cancelled after ten years of attestation of the said mutations---Petitioner who was bona fide purchaser of land in dispute; could not be made to suffer on account of flimsy assertions about validity or otherwise of order of cancellation of mutations, was genuine or otherwise, was not really important, but important facts were the time lag of ten years between attestation of mutations of exchange and passing of order of cancellation of said mutations---Overall effect of said delay and inaction by respondents was that various persons had purchased land in question for valuable consideration who could not be made to suffer on account of flimsy assertions about validity or otherwise of order of cancellation of mutations---Revision petition was accepted by the Board of Revenue, impugned order was set aside and it was declared that mutations of exchange and subsequent alienations would remain intact. Petitioner No. 1 in person. Barrister Ch. Abdus Salim for Petitioner No. 1. Ahmed Nawaz Qaiserani for Petitioner No.9. Shamim Haider Zaidi for Respondents. Date of hearing; 8th May, 2004. ORDER Muhammad Din son of Barkat Ali and others have filed this revision petition against Mst. Rashida Begum and others challenging the order, dated 16-6-2001 passed by the Commissioner, Dera Ghazi Khan Division. 2. Barrister Ch. Abdus Salim, Advocate/counsel for petitioners argued that an order was passed on 21-8-1979 by which Mutation No.309 dated 27-11-1969 and Mutation No.583 dated 12-6-1968 of exchange were declared…
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