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Revision No. 716/c of 1944‑45, from Attock District, decided on 11th July, 1949.

, S. 4 (3) Proviso Decree of Civil Court passed before 15th June, 1938, is binding on Revenue Courts.

In the proviso below sub‑clause is of section 4 of the Alienation of Land Act, it is clearly indicated that the decision of a Civil Court in, a suit instituted before the 15th June, 1938, is binding on Revenue Courts. The decision of the District judge mentioned holding that the Kokaras in Rawalpindi and Attock Districts are Awans must, therefore, be accepted. (Below)

In Civil Court. Appeal No 67 of 1938 (Kallu etc, of village Hastal, Tahsil Fatehjang, District Attock versus Punjab Government) it was pointed out that in Mr. H. K. Kaul's Census report of India (p. (i6 of the Appendices to the Imperial Tables, Part 3) it has been recognised that Kokaras are a sub‑caste of Muhammadan Awans in this locality, that is the Districts of Rawalpindi and Attock. The District Judge, Attock, accepted this finding of the Census Report and held that the Kokaras in this locality are Awans and, therefore, they are of an agricultural tribe. The Deputy Commissioner has followed this decision in his order dated 17th July, 1945.

In the proviso below sub‑clause (3) of section 4 of the Alienation of Land Act, it is clearly indicated that the decision of a Civil Court in a suit instituted before the 15th June, 1938, is binding on revenue Courts The decision of the District Judge mentioned above holding that the Kokaras in Rawalpindi and Attock Districts are Awans must, therefore be accepted. The respondents have produced before me pedigree tables showing that they are kokaras. No interference is, therefore, called for. The order of the Deputy Commissioner, Attock, dated 17th July, 1945, is hereby upheld.

K.M.A. Appeal accepted.

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