Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------S. 39---Mutation---Powers of Revenue Officer Revenue Court---Scope---Revenue Officer could not declare a registered document as `void' but in mutation cases, the purpose of issuing notices (even in the case of registered document) inviting objections to the document and deciding the objections (if any) in open Katchery by the mutation officers, was to enquire into the correctness of the document---Revenue Officer, even in the case of registered document, was competent, to a certain limit, to examine the previous title of the land area mentioned in the sale-deed which must be tallying with the area mentioned in the record---Revenue Officer/Revenue Court was not competent to declare any registered document as void, but he was not prevented from refusing the mutation of "Mutsarfi", which meant that title, possession, ownership was not clear---If those were not tallying or there was any discrepancy in between the area mentioned in the registered document and the area mentioned in the revenue/city survey record etc.---Revenue Officer/City Survey Officer would be justified in refusing the mutation till such time the documents were ratified through ratification deed or any other mode admissible under the law. PLD 1975 Rev. 53 (Punjab) and 1999 SCMR 1245 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 117---Burden of proof---In case of allegation/objection, that signatures put on special as well as general power-of-attorney, were not genuine and. were forged, burden of proof that power-of-attorney was genuine, would ordinarily be shifted to the persons who were benefited from such document. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 39(2)(d) & 42---Sindh City Survey Rules, 1988, R.9(5)---Change in mutation---Property Ruled Card, as envisaged in R.9(5) of Sindh City Survey Rules, 1988, read with S.39(2)(d) of West Pakistan Land' Revenue Act, 1967, was deemed to be the record-of-right and would be governed by West Pakistan Land Revenue Act, 1967---Any subsequent change/mutation in the Property Ruled Card was to be effected in accordance with provisions of S.42 of West Pakistan Land Revenue…

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