MUHAMMAD USMAN vs BIBI AMINA Ss — 2021 CLC 1196 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 1196 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: MUHAMMAD USMAN vs BIBI AMINA Ss
Subject matter: Civil
Provisions referred to: S. 42; S. 172; Balochistan Land Revenue Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD USMAN VS BIBI AMINA Ss.42 & 172---Making of that part of periodical records which relates to land owners---Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue Officers---Scope---Petitioners assailed orders passed by Revenue Authorities whereby mutations entered in their favour were cancelled---Validity---Impugned mutations were sanctioned on the basis of unregistered sale deed and power of attorney---Subsection (7) of S.42 of Balochistan Land Revenue Act, 1967, had made exception in case of inheritance, registered deed, order or decree of the court but in all other cases not only the presence of person whose right was being acquired was necessary, his identification by two respectable persons and the inquiry in the common assembly as envisaged under subsection (8) of S.42 of the Balochistan Land Revenue Act, 1967 was also necessary---Attestation of impugned mutations on the basis of unregistered documents was an error of law apparent on the face of record, which was not controversial in nature as per S.172(2)(vi) of Balochistan Land Revenue Act, 1967---Only revenue authorities were entitled to correct such entry in a record-of-right, periodical entry or register of mutation to the exclusion of the Civil Court---Petitioners had no alternative except to seek remedy of title from Civil Court---Constitutional petition was dismissed.

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