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

Section: 53

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

Section: 53

West Pakistan Land Revenue Act (XVII of 1967)-------S. 53---Once entry in Revenue Record was proved to be illegal, previous entry would be deem to stand---Plaintiff was owner of 119 share in erstwhile Khewat which subsequently was bifurcated into two Khewats---Name of plaintiff was omitted from one of Khewats resultantly there was a shortfall of land in his ownership--Such omission continued in latter Jamabandis till such time that consolidation took place and suit-land from which plaintiff was deprived of was included in Khata of defendant---Report prepared by Patwari Consolidation and statement of Circle Patwari was in accordance with record and fully supported the claim of plaintiff---Plaintiff's ownership in the erstwhile Khewat was admitted, however, only objection raised in written statement was that the mutation was fictitious---Once it was found that an entry had been unlawfully altered, it shall be deemed that old correct entry always continued---Courts ° below rightly held that since no denial was on record regarding actual ownership of plaintiff in the erstwhile Khewat, adjustment would be made accordingly after correcting entries. Misri through Legal Heirs and others v. Muhammad Sharif and others 1997 SCMR 338 ref. Allah Wasaya Malik for Petitioners. Rana Muzaffar Hussain for Respondents. Date of hearing: 8th November, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.--- On 7-7-1981 Fraza, the predecessor-in-interest of the respondents (hereinafter to be referred to as the plaintiff) filed a suit against the petitioners. It was stated in the plaint that as per entries in the Jamabandi for the year 1944-45 he was owner of 1/18 share in land measuring 54 Kanals, 14 Marlas comprising Khata No.376/369. Vide Mutation No.1154 attested on 24-5-1946 he purchased the share of his brother, namely, Jewna measuring 3 Kanals, one Marla in the same Khata and thus, became owner of 1/9 share in the said Khata. While preparing Jamabandi for the year 1950-51, Khata No.376 was bifurcated into Khewat No.362 measuring 48 Kanals, 11 Marlas and Khewat No.363 measuring 6 Kanals, 3 Marlas. However, the name of the plaintiff was omitted from the said Khewat No.362. He was, thus,…

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