| Case ID |
42816914-19fb-4f66-a5c6-583ab979557a |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 4114 of 2006 |
| Decision Date |
May 13, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the petition, setting aside the orders passed by the revenue authorities. The court held that the mutation of sale in favor of the petitioner was valid as it was based on a court decree. The revenue authorities were not empowered to adjudicate the legality of the mutation sanctioned in favor of the petitioner, as the jurisdiction to do so was ousted once the mutation was attested based on a court decree. The court emphasized that revenue authorities could only correct entries in the revenue record in cases of clerical mistakes or omissions, not in cases where a court decree was involved. |
| Summary |
In this significant case decided by the Lahore High Court, the petitioner, Mian Abdul Quddous, challenged the cancellation of a mutation regarding land ownership, which had been executed based on a court decree. The court ruled that the revenue authorities lacked the jurisdiction to annul the mutation, as it was established under the West Pakistan Land Revenue Act, 1967, that such actions could only be undertaken in instances of clerical errors. The ruling reinforced the principle that court decrees must be respected by revenue authorities. This case highlights the importance of judicial decisions in property disputes and the limitations of administrative bodies in overriding court orders. Keywords such as 'land revenue act', 'mutation cancellation', 'court decree', and 'property rights' are crucial for understanding the implications of this ruling in the context of property law in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHUJAAT ALI KHAN, J
|
| Lawyers |
Syed Iftikhar Hussain Shah,
Rana Shamshad Khan
|
| Petitioners |
Mian ABDUL QUDDOUS
|
| Respondents |
Mst. SURRYA MIR,
Syed Iftikhar Hussain Shah,
Rana Shamshad Khan,
Shuja ud Din Zafar,
Muhammad Akram Shah
|
| Citations |
2015 SLD 2460,
2015 PLD 687
|
| Other Citations |
Abdul Majeed Khan through L.Rs and others v. Mst. Maheen Begum 2014 SCMR 1524,
Allah Ditta v. Ghulam Muhammad and 3 others 2008 SCMR 1021,
Muhammad Nawaz and others v. Fateh Sher and others 2008 SCMR 1658,
Jan Muhammad through Mubarik Ali and others v. Nazir Ahmad and others 2004 SCMR 612,
Muhammad Ali Sabtain and 4 others v. Mst. Shahjahan Bibi and 9 others 2004 YLR 1201,
Mst. Ghulam Sakina v. Member (J) Board of Revenue Hyderabad and 4 others PLD 2004 Kar. 391,
Nadir Hassan v. Sadaruddin and 3 others PLD 2004 Kar. 395,
Barkat Ali and 8 others v. Member (Judicial), Board of Revenue, Punjab, Lahore and 3 others 2001 YLR 2531,
Aurang Zaib v. M/s. Al-Haider Construction Co. through Managing Partner and 4 others PLD 1993 Kar. 397,
Syed Mustafa Haider v. Provincial Government and others 1992 CLC 1329,
Nasir Muhammad and another v. Haji and 7 others PLD 1988 Rev. 24,
Muhammad Amin v. Allana and 3 others PLD 1988 Rev. 29,
Hafiz Tassaduq Hussain v. Lal Khatoon and others PLD 2011 SC 296,
Nazir and another v. Member, Board of Revenue, Lahore, and another 1985 SCMR 356,
Muhammad Younus Khan and 12 others v. Government of N.-W.F.P. through Secretary, Forest and Agriculture, Peshawar and others 1993 SCMR 618,
Muhammad Hayat and 38 others v. Abdul Rahim and 24 others 2001 MLD 1524,
Muhammad Sadiq v. Muhammad Ramzan and others 2002 SCMR 1821,
Ataur Rehman Khan v. Dost Muhammad and others 1986 SCMR 598,
Suo Motu Case No.24 of 2010 PLD 2011 SC 963,
Muhammad Aslam v. Collector and another 1992 CLC 851,
Waris Khan and 18 others v. Col. Humayun Shah and 41 others PLD 1994 SC 336,
Muhammad Yousaf and 3 others v. Khan Bahadur through L.Rs. 1992 SCMR 2334
|
| Laws Involved |
West Pakistan Land Revenue Act, 1967,
Constitution of Pakistan
|
| Sections |
53,
199
|