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AZAM KHAN versus AZAD KHAN


Section 115 West Pakistan Land Revenue Act (XVII of 1967), Section 52 amendment jurisdiction, exercise of possession, evidence of asset affirmation that does not support revenue record which would be the best proof of ownership cannot be retained. The jurisdiction of the review cannot be interfered with because the Court of Appeal, based on revenue records and not a victim of fact and law weakness.

P L D 1986 Lahore 275

Before Gul Zarin Kiani, J

AZAM KHAN‑Petitioner

versus

AZAD KHAN AND 6 OTHERS‑Respondents

Civil Revision No. 178/D of 1986, decided on 28th‑April, 1986.

(a) Qanun‑e‑Shahadat Order (10 of 1984)‑

‑‑ Art. 118‑Burden of proof‑‑Entry in revenue record‑Alteration of‑Beneficiary of entry in revenue record relating to possession, held, would be required to prove facts necessary for justifying change of entry in his favour‑In absence of proper material, Court would be justified in holding that altered entry was brought about illegally.

(b) West Pakistan Land Revenue Act (XVII of 196'7)‑

‑‑ S. 44 ‑‑Entry in Revenue Record‑Alteration of‑Requirements -Once entry in Revenue record was proved to be illegal, previous entry, held, would be deemed to stand‑Entry in Revenue Record would subsist till a new one was lawfully substituted therefor.

(c) Civil Procedure Code (V of 1908)‑

‑‑ S. 115‑West Pakistan Land Revenue Act (XVII of 1967), S. 52‑Revisional jurisdiction, exercise of‑Possession, proof of Assertion of possession not supported by Revenue Record which would be best evidence of possession, cannot be sustained‑View of evidence and law taken by Court of Appeal, being based on Revenue Record and not suffering from infirmity of fact and law, held, could not be interfered with in revisional jurisdiction.

Allah Dad v. Muhammad Ali and others P L D 1956 Lah. 245 ; Ganesha Mal v. Ibrahim and others A I R 1919 Lah. 237(2) ; Jhangi v. Ramzan (1910) 13 P R 1910 ; Panna and Giriraj v. Madunlal A I R 1955 Raj. 173 and Karam Chand v. Dr. Karamdad Khan A I R 1938 Lah. 465 ref.

Muhammad Munir Peracha for Petitioner.

ORDER

This is a civil revision by Azam Khan, defendant No. 1, arising out of a suit filed by Azad Khan against Azam Khan and 6 others on 19‑2‑1983 in the Court of Civil Judge, Pindigheb for declaration that plaintiff was in possession of land measuring 2 Kanals, Khasra No. 7414 situated at Mauza Narr, Tehsil Pindigheb as co‑sharer and for a perpetual injunction restraining the defendants from causing interference with his settled possession. Allegations set forth in the plaint are that Azad Khan plaintiff was in Hissadari possession of land measuring 2 Kanals afore described and had also constructed his residential house on the suit property. Azam Khan, defendant, had by exchange Mutation 84 sanctioned on 13‑2‑1983, obtained some property in Khasra No. 7414 and by virtue of th

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