Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)---.--- ---.----S. 42---.---Mutation confers no title---.---Once a mutation is challenged the party that relies on such mutation is bound to revert to the original transaction to prove such original transaction which resulted into the entry or attestation of such mutation in dispute---.---Mutation not being a title deed, is merely an evidence of some original transaction between the parties that had been struck somewhere prior to entry of a mutation---.---Person relying on such mutation, in the present case, had failed to revert back to any transaction and bring on record any oral or documentary evidence thereof---.---Burden squarely lay on the said person to prove the transaction because the existence thereof had throughout been alleged by him in the affirmative and he was bound to fail in the event of the non-proof of the transaction. (b) West Pakistan Land Revenue Act (XVII of 1967)---.--- ---.----S. 42---.---Transaction of exchange---.---Mutation---.---Burden of proof---.---Held, in order to prove the existence of a transaction of exchange through mutation, the party that relies on such mutation was bound to prove the both---.---Failure of party relying on the mutation to discharge its burden was a blow to the existence of any exchange transaction between the parties. (c) West Pakistan Land Revenue Act (XVII of 1967)---.--- ---.----S. 42---.---Mutation of exchange, attestation of---.---Requirements---.---Mere entry of Roznamcha Waqiati alone was not the only requirement of S.42, West Pakistan Land Revenue Act, 1967 but numerous steps were also to be necessarily taken. (d) West Pakistan Land Revenue Act (XVII of 1967)---.--- ---.----S. 42---.---Mutation, attestation of ---.---Lambardar who was supposed to identify the transferors qua the land had to be of the village concerned and not at all from the Patwar Circle which includes numerous villages and the people of which were not at all acquainted with the people of other villages---.---Identification by a Lambardar of unconcerned village was a factum that indicated doubtful nature of the transaction. (e) West Pakistan Land Revenue Act (XVII of 1967)---.---…

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