RAJAN vs AMJAD ALI Ss — 2022 MLD 607 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 607 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: RAJAN vs AMJAD ALI Ss
Subject matter: Criminal
Provisions referred to: S. 42---S; Punjab Land Revenue Act (XVII of 1967)

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

RAJAN VS AMJAD ALI Ss.42 & 54---Punjab Land Revenue Act (XVII of 1967), S.42---Suit for declaration and injunction---Mutation of sale---Blind woman, transfer from---Duty of revenue authorities---Petitioner / plaintiff was a blind woman who alleged that her land was fraudulently got transferred by respondents / defendants---Suit was decreed by Trial Court but Lower Appellate Court dismissed the same---Validity---Held, if an infirm and disabled person appeared regarding transaction, public functionaries had to show responsibility in looking after their affairs in public interest---Patwari or Tehsildar was to be extremely cautious when a blind woman was produced before them without her close relatives and they had to be extra careful---Neither Patwari Halqa nor Tehsildar mentioned factum of blindness of the lady in report of Roznamcha at the time of attestation of mutation---Two revenue officials admitted that lady who appeared before them was of sound health and was not a blind woman---Mutation and report Roznamcha Waqiati were result of fraud---Lower Appellate Court ignored reasoning recorded by Trial Court---High Court set aside the judgment and decree passed by Lower Appellate Court as the same was result of error of law and jurisdiction and misreading and non-reading of evidence on record---High Court restored judgment and decree passed by Trial Court---Revision was allowed, in circumstances.

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