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

Section: 135,161

West Pakistan Land Revenue Act (XVII of 1967)------Ss. 135 & 161---Application of partition---Rejection---Appeal---Delay, condonation of---Application for partition of land having been rejected by Assistant Collector, Grade-I, applicant filed appeal against the same which was accepted by Collector despite being hopelessly time-barred, after condoning delay although no satisfactory explanation was given for condonation of delay in filing appeal---Validity---Delay of even one day was fatal in absence of any satisfactory explanation---Court was duty bound to take cognizance of delay even if limitation was not set up as a defence by any party---Arguments against or in support of proposition whether S.5 of Limitation Act, 1908 was applicable to cases covered under West Pakistan Land Revenue Act, 1967 being special and local law, could not be of any benefit to either party---In absence of any satisfactory explanation for delay in filing appeal, Collector was not justified to condone the delay. 1992 CLC 1609; 1980 CLC 110; PLD 1970 Lah. 6; 1985 SCMR 356; PLD 1987 SC 636; 1988 CLC 654; PLD 1973 Lah. 546; 1978 SCMR 457 and 1984 CLC 1724 ref. ORDER Mst. Batool Fatima, Jamila Begum and Hamida Begum daughters of Ghulam Rasool inherited land measuring, 119 Kanals, 4 Marlas in Revenue Estate Mustafabad (Baroon), Tehsil and District Kasur. The share of Mst. Hamidan Begum was 39 Kanals, 15 Marlas. One Mukhtar Ali son of Abdul Sattar obtained land measuring 29 Kanals, 16 Marlas by way of gift through Mutation No.4719, dated 6th July, 1982 from the aforesaid three sisters. Hamidan Begum filed a declaratory suit in the civil Court challenging the factum of gift allegedly made by her of land measuring 9 Kanals, 19 Marlas in favour of Mukhtar Ali and prayed for a declaration that the transaction of gift be termed as illegal. During the pendency of the said suit, Ms. Batool Fatima, Jamila Begum and Mukhtar Ali sold their entire land measuring 79 Kanals, 9 Marlas on 24th April, 1990 in favour of Muhammad Ali etc. present petitioners. The suit was decreed on the basis of compromise reached between Mst. Batool Begum, Jamila Begum and Mukhtar Ali on one hand and Mst. Hamidan Begum…

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