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Revision Petition No.395 of 2007, decided on 15th January, 2008.

----Ss. 42, 44 & 164---Cancellation of mutation---High Court having accepted revision against order of the Appellate Court petitioners challenged order of the High Court before the Supreme Court in appeal, which was dismissed by the Supreme Court---After dismissal of appeal respondents applied for implementation of orders of the Supreme Court and District Officer (Revenue) allowed implementation and mutation in that respect was entered, but before its attestation petitioners filed appeal before the Executive District Officer (Revenue) against said order of District Officer (Revenue)---Said appeal was dismissed as a result of which mutation was sanctioned---Petitioners challenged said order of mutation before the Deputy District Officer (Revenue) who, vide impugned order, cancelled said mutation and mutation which already was sanctioned was restored-Against order of Deputy District Officer (Revenue) respondents filed appeal before Execution District Officer (Revenue) who vide his order accepted said appeal and restored mutation which was subsequently sanctioned---Validity---Impugned order passed by the Deputy District Officer (Revenue), was well balanced and based on facts as the same had been passed keeping in view the original decree passed by the civil court---Order passed by the Deputy District Officer (Revenue) was upheld and order passed by the Executive District Officer (Revenue) was set aside.

Sameer Ijaz for Petitioners. Irshad for Respondents.

This revision petition has been filed against the order, dated 20-2-2007 passed by the Executive District Officer (Revenue), Khanewal. 2. Briefly the facts of the case are that lot No.1 measuring 1050-K, 06-M situated in Chak No.159/10-R, Tehsil and District Khanewal was allotted to Shahab Din, Muhammad Jamil, Anwar Khan and Munawar Khan under Tubewell Sinking Scheme by the District Collector on 23-9-1959. Shahab Din and Muhammad Jamil were deleted from the said allotment and the land resumed from their names was also allotted to Anwar Khan, Munawar Khan. Muhammad Jamil and Shahbab Din etc. filed an appeal against the said order, dated 30-10-1963, which was dismissed by the Additional Commissioner (Revenue) on 9-4-1964. The Revision petition was also dismissed by the Board of Revenue Punjab on 15-3-1965. On 28-1-1966 Anwar Khan and Munawar Khan got proprietary rights of land measuring 1050-K 6-M and they transferred the same to Abdul Majid etc. under the order of District Collector, dated 28-1-1966 which was implemented in the revenue record through Rapat Roznamcha Waqiati No.264, dated 28-2-1966. Shahab Din and Muhammad Jamil filed a civil suit which was decreed on 28-4-1973 by the Civil Judge, Multan to the extent of Shahab Din and Muhammad Jamil and their names were included in the allotment and Mutation No.139, dated 9-4-1973 was accordingly sanctioned and the possession of the land according to the said decree was transferred to them. Abdul Majid etc. filed an appeal which was dismissed by the District Judge Multan on 12-4-1974, with the direction that they can seek remedy in the civil Court by filing fresh suit. Abdul Majid etc. accordingly filed a civil suit which was dismissed on 16-10-1986. An appeal against this order was filed which was accepted by District Judge Multan and the basic decree was cancelled. Shahab Din and Muhammad Jamil filed a civil revision against the said order in the High Court which was accepted on 23-6-1994. Abdul Majid etc., challenged the said order of High Court in the Supreme Court and Honourable Supreme Court on 24-3-2003 dismissed the said appeal. During the hearing of the case before the august Supreme Court of Pakistan, Munawar Khan and Anwar Khan tried to appear before Supreme Court of Pakistan while the Honourable Supreme Court passed the following orders:--

"Before parting with the judgment it is important to note that learned counsel appearing for Muhammad Anwar Khan under instruction stated that neither he nor Munawar Khan sold their allotment rights to the appellants. Appellants" counsel seriously objected to their such stand on the ground that they have not contested the suit nor they appeared before the High Court with such version, therefore, they cannot be allowed to take a summersault for the first time before this Court with regard to transfer of their allotment rights in favour of appellant he further stated according to him they themselves moved an application before the Collector Multan, who after conducting inquiry passed order, dated 28-1-1966. In our opinion there is no need to dilate upon this aspect of the case because the matter has been disposed of independently keeping in view the contentions of parties" counsel as well as, material available on record." 3. After dismissal of said appeal from Supreme Court of Pakistan, Shahab Din and Muhammad Jamil applied for implementation of the orders of the Superior Courts and District Officer (Revenue) Khanewal allowed the implementation on 24-3-2003 and Mutation No.888 was entered but before its attestation Abdul Majid etc. filed an appeal before the Executive District Officer (Revenue) against the said order of District Officer (Revenue) Khanewal but it was dismissed on 10-9-2003, as result of which Mutation No.888 was sanctioned on 20-10-2003 by the AC-II. Abdul Majid etc. challenged this order of Mutation before the Deputy District Officer (Revenue), who vide his order, dated 29-12-2003 cancelled the said mutation and Mutation No.139 already sanctioned on 9-4-1973 was restored. Against this order of Deputy District Officer (Revenue) Khanewal Shahab Din etc. filed an appeal "before the Executive District Officer (Revenue) Khanewal who vide his order, dated 20-2-2007 accepted the said appeal and restored the Mutation No.888, dated 20-10-2003, hence this revision petition. 4. I have heard the arguments of both the parties. Record has been minutely perused. It is found that order of Deputy District Officer (Revenue) Khanewal, dated 19-12-2003 was well balanced and based on the facts as the same has been passed keeping in view the original decree, dated 9-4-1973 passed by Civil Court Multan wherein Shahab Din and Muhammad Jamil were declared the owner of half share of the lot. According to said decree Mutation No.139, dated 28-4-1973 was also sanctioned. Subsequently Abdul Majeed etc. the purchasers of the land in question by Munawar and Anwar Khan challenged this decree but the same was maintained upto the level of Supreme Court of Pakistan. Therefore, I upheld the order of Deputy District Officer (Revenue), Khanewal, dated 19-12-2003 and set aside the order, dated 20-2-2007 passed by the Executive District Officer (Revenue) Khanewal. H.B.T./14/Rev. Revision allowed.

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