Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

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

Section: 172,44,45,161,172(2)(vi),53

West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 44, 161 & 172---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Correction of revenue record---Jurisdiction of Revenue Courts---Possession of the petitioners was recorded in Misl-e-Haqiat with regard to 6 Kanals and 18 Marlas---Subsequently Naib Tehsildar changed the entry of Misl-e-Haqiat, recording the possession of respondent to the extent of land 1 Kanal and 8 Marlas on the basis of Purcha Bondobasti---On filing appeal by the petitioners before the Collector, Collector deputed the Revenue Assistant for spot inspection and report of the matter---After submission of report, Collector dismissed appeal filed by the petitioners, holding that Revenue Courts had no jurisdiction to correct the Revenue Record and that only the Civil Court was competent to correct the Revenue Record, which had been finalized---Appeals before the Commissioner as well as the Revenue Board filed by the petitioners were dismissed on the sole ground declaring that Revenue Courts had no jurisdiction to correct the Revenue Record which was already finalized---Petitioners in their writ petition had prayed that s of all the Revenue Courts in that behalf, be declared illegal, without jurisdiction and those were liable to be set aside---Under provisions of S.161 of West Pakistan Land Revenue Act, 1967, when the order was made by an Assistant Collector of either grade, then appeal would lie to Collector---In the present case appeal was filed before the Collector against impugned order passed by the Naib Tehsildar---No civil suit was pending before the civil court regarding the disputed land---All the Revenue Courts including the Member Board of Revenue, had ignored the basic controversy regarding the matter and decided the other points, which did not form the basic controversy between the parties---Revenue Authorities were required by law to decide all points in the light of pleadings of the parties, and documentary evidence produced by the parties---Judgments of Member Board of Revenue, of Commissioner and Collector were set aside and case was remanded by the High Court to Collector for a fresh…

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