MUHAMMAD AKBAR vs PROVINCE OF PUNJAB through DOR, Lodhran S — 2022 SCMR 1532 SUPREME-COURT

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MUHAMMAD AKBAR VS PROVINCE OF PUNJAB through DOR, Lodhran S. 42---Contract Act (IX of 1872), S. 182---Suit for declaration---Joint holding, division of---Family settlement---Proof---Admission by Attorney of existence of Family Settlement --- Principal bound by such admission---Mala fides of Patwari in not sanctioning mutation in terms of the settlement---In the present case the admission(s) on part of the defendants/petitioners coupled with documentary evidence clearly established the fact that the Family settlement ('the Settlement') in fact existed and, that the revenue officials could not sanction any mutation which was contrary thereto ---Attorney of the petitioners admitted the existence of the Settlement, and an admission made by Attorney was binding on his Principal who authorized him to do so, unless a contrary intention was proved on behalf of the petitioners or that he was not so authorized---Such statement of Attorney had not been disowned by the petitioners---Fact which was expressly and unequivocally admitted by the petitioners through their Attorney, would not require proof---Settlement operated as an agreement between the parties and they were bound by its terms---Petitioners never challenged the Settlement before any forum which effectively meant that the Settlement still bound the parties thereto and their legal heirs---Settlement was validly executed and, did not require compulsory registration---Settlement Award was handed over to the Patwari for incorporation in the relevant Register---However, the Patwari procured signatures/thumb impressions of parties on a blank 'Parat' of the mutation and, the Award was not given effect---Contrarily, the property which was to be given to the respondents was given to the petitioners through the impugned mutation, showing that the Patwari's actions were tainted with mala fide---Patwari was duty bound to sanction a mutation in accordance with the terms of the Award/Settlement placed before him---Suit for declaration filed by the respondents had rightly been decreed by the High Court---Petition for leave to appeal was dismissed and leave was refused. Head NotesCase Description Citation Name: 2022 SCMR 1532 SUPREME-COURTBookmark this Case MUHAMMAD AKBAR VS PROVINCE OF PUNJAB through DOR, Lodhran S. 100--- Charge created on a property through a Family Settlement---Such charge passes with the property onto the legal heirs. Head NotesCase Description Citation Name: 2022 SCMR 1532 SUPREME-COURTBookmark this Case MUHAMMAD AKBAR VS PROVINCE OF PUNJAB through DOR, Lodhran S. 17---Family Settlement deed---Registration, requirement of---Where a family settlement is in the form of a deed and not a regular partition deed, it did not require compulsory registration. Head NotesCase Description Citation Name: 2022 SCMR 1532 SUPREME-COURTBookmark this Case MUHAMMAD AKBAR VS PROVINCE OF PUNJAB through DOR, Lodhran S. 42---Entries in revenue record---Patwari, duty of---Scope---Patwari does not have power to arbitrarily make entries in the relevant register and, must make such entries based on evidence before him. Head NotesCase Description Citation Name: 2022 SCMR 1532 SUPREME-COURTBookmark this Case MUHAMMAD AKBAR VS PROVINCE OF PUNJAB through DOR, Lodhran 'Oral evidence' and 'documentary evidence'---Documentary evidence takes precedence over oral evidence; this is especially so when oral evidence/assertions are in direct conflict with documentary evidence. Head NotesCase Description Citation Name: 2022 SCMR 1532 SUPREME-COURTBookmark this Case MUHAMMAD AKBAR VS PROVINCE OF PUNJAB through DOR, Lodhran Fiduciary duty---Scope---Public officials owe a fiduciary duty to the public; they are to act in utmost good faith while discharging their duties---If a public official acts in a careless manner, his actions are bound to cause not only distrust amongst the public, but also loss to the public exchequer. Head NotesCase Description

MUHAMMAD AKBAR vs PROVINCE OF PUNJAB through DOR, Lodhran S — 2022 SCMR 1532 SUPREME-COURT

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