MANZOOR AHMAD vs The GOVERNMENT OF PUNJAB Ss — 2022 YLR 872 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 872 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: MANZOOR AHMAD vs The GOVERNMENT OF PUNJAB Ss
Provisions referred to: S. 184; S. 39; Punjab Land Revenue Act; Wajib-ul-Arz---Although Punjab 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

MANZOOR AHMAD VS The GOVERNMENT OF PUNJAB Ss.175, 39(2)(b) & 184(3)(a)---Punjab Settlement Manual, Para. 295 & Appendix VIII-E ---Wajib-ul-Arz---Scope and applicability--- Wajib-ul-Arzor "village administration-paper" was a statement of custom respecting rights and liabilities in an estate and the same was given statutory recognition by clause (b) of subsection (31) of the Punjab Land Revenue Act, 1887 ('the Act 1887') thus making part of Record-of-Rights as a statement of custom respecting rights and liabilities in the estate---Official instructions contained in paragraph 295 of the Punjab Settlement Manual described Wajib-ul-Arz as "it (Wajib-ul-Arz) should be a record of existing custom regarding rights and liabilities in the estates which should not be used for the creation of new rights or liabilities, or for what may be called village legislation"---Appendix VIII-E of the Punjab Settlement Manual contained the rules on preparation of Wajib-ul-Arz---Although Punjab Land Revenue Act, 1887, stood repealed by virtue of S.184(1)(2) read with Part-II of the Schedule of the Punjab Land Revenue Act, 1967, however, S.184(3)(a) of the Act, 1967 saved the transactions (including record-of-rights and other record) framed/recorded thereunder---Section 39(2)(b) of the Punjab Land Revenue Act, 1967 retained Wajib-ul-Arz as part of the record-of-rights as "a statement of customs respecting rights and liabilities in the estate"---Wajib-ul-Arz, therefore, formed part of record-of-rights by force of S.184(3)(a) read with S.39(2)(b) of the Punjab Land Revenue Act, 1967.

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