NAZEER AHMAD vs MUHAMMAD SADIQ (DECEASED) S — 2024 MLD 18 LAHORE-HIGH-COURT-LAHORE

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NAZEER AHMAD VS MUHAMMAD SADIQ (DECEASED) S. 42---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for recovery of possession---Mutation of sale---Proof---Onus to prove---Petitioner/defendant claimed to be owner of suit property on the basis of mutation of sale attested by revenue authorities---Respondents/plaintiffs assailed mutation in question on the plea that their deceased predecessor-in-interest died due to cancer who remained in hospital for treatment during the period when mutation in question was attested---Suit filed by respondents/ plaintiffs was dismissed by Trial Court but Lower Appellate Court decreed the same---Validity---Recording of report in Roznamcha regarding change in rights of a land owner was a first step to trigger process of transfer of rights---Mutation was sanctioned by order of Revenue Officer made in presence of the person whose right was acquired and he had been identified by two respectable persons and an inquiry in such behalf was conducted in common assembly of concerned estate---Entry recorded in Roznamcha was merely a ministerial act performed by Patwari which was incorporated in register of mutations culminating into an order of passing of mutation under S. 42(6) of Punjab Land Revenue Act, 1967---Act of recording of transaction regarding change of rights by Patwari at the behest of an acquirer in Roznamcha did not constitute an admission of transaction on the part of seller---Petitioner/defendant failed to discharge burden of proof regarding alleged transactions in terms of personal appearance of deceased predecessor-in-interest of respondents/plaintiffs and witnesses before Revenue officer, payment of sale consideration, delivery of possession, subsequent dispossession, recording of transaction in Roznamcha and lawful attestation of mutation in question---High Court declined to interfere in judgment and decree passed by Lower Appellate Court---Revision was dismissed, in circumstances.

NAZEER AHMAD vs MUHAMMAD SADIQ (DECEASED) S — 2024 MLD 18 LAHORE-HIGH-COURT-LAHORE

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