Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)-------S. 45---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Disputed question of fact---Mutation, a document of title---Petitioner claimed to be owner of the land which had been mutated in favour of his predecessor-in-interest on the basis of allotment by Settlement authorities---Question for determination was whether the petitioner had acquired any title to the land so as to entitle him to the relief of possession or whether he had locus standi to seek declaration in respect of existence or otherwise of requisition---Validity---No allotment order by a competent officer in favour of the predecessor-in-interest of the petitioner was available on record---Petitioner had relied upon an order of Assistant Rehabilitation Mukhtiarkar directing that the land be mutated in the name of the predecessor-in-interest of the petitioner---Nothing was available to show that the predecessor-in-interest of the petitioner had applied for allotment of evacuee land against units available with him---Predecessor-in-interest of the petitioner was entitled to 159 units but was allotted land comprising of 453 units---Mutation entries did not confer title but could at the best be considered evidence of title which was rebutable---Such disputed questions requiring detailed scrutiny of facts and production of evidence could not be undertaken in the proceedings under Art.199 of the Constitution---Petition was dismissed in circumstances. Hassan Akbar for Petitioner. Nadeem Azhar Siddiqui, D.A.-G. and S. Tariq Ali, Federal Counsel for Respondents. Ahmed Pirzada, Addl. A.-G. Date of hearing: 29th August, 2004. JUDGMENT KHILJI ARIF HUSSAIN, J.--- The petitioner sought declaration that the land of the petitioner utilized in Survey Nos.243 and 244, Deh Okewari, Tapo Songal, Taluka and District Karachi are not the requisitioned and the perpetuation of the requisition is therefore, illegal and of no legal effect. Brief facts of the case are that by notice dated 17-10-1940, the Collector of Karachi in exercise of powers delegated to him under Rule 79 of the Defence of India Rules, 1939, requisitioned, inter alia,…

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