Ashiq Ali vs Ghulam Ali (deceased) Ss — 2025 MLD 1835 LAHORE-HIGH-COURT-LAHORE

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Ashiq Ali VS Ghulam Ali (deceased) Ss. 42 & 54---Land Reforms Regulation (MLR No. 115 of 1972), para. 18---Punjab Land Revenue Act (XVII of 1967), S. 45---Punjab Land Revenue Rules, 1968, R. 39---Civil Procedure Code (V of 1908), 115---Suit for declaration and injunction---Grant of lands to tenants---Proof of tenancy--- Khasra Girdawari, preparing of--- Entries in Register Haqdaran Zamin (Record of rights)--- Petitioners / plaintiffs claimed that they were entitled to grant of suit land as they were tenants--- Judgment and decree passed by Trial Court in favour of petitioners / plaintiffs was set aside by Lower Appellate Court and suit was dismissed--- Validity---Proper procedure is provided for maintaining and preparing Register Girdawari--- Concerned Patwari is bound to enter Girdawari after inspection and any change in existing Girdawari is also entered in a separate Register and duly verified---Such entries of Register Girdawari are entered in Register Haqdaran Zamin and after preparation of Register Haqdaran Zamin, the Register Girdawariis destroyed after twelve years---Petitioners / plaintiffs challenged entries of Register Girdawari of the years 1971-72 through instituting suit in year 1996---Petitioners / plaintiffs challenged such entries after 25 years when relevant record had already been destroyed---Record of rights was prepared first time after resumption and allotment of suit land---Suit property was already allotted through allotment order dated 15-07-1974 but as the mutation in that regard had not been attested, therefore, Provincial Government was shown as owner and the grantee in the column of cultivation as "Attia Dar"---Name of petitioners / plaintiffs were also mentioned in relevant column but their names were mentioned as tenants-at-will meaning thereby they were tenants of "Attia Dar" i.e. the grantee---Petitioners / plaintiffs were not shown as tenants under the previous grantee from whom the suit property was resumed---High Court in exercise of revisional jurisdiction declined to interfere in judgment and decree passed by Lower Appellate Court, as the petitioners / plaintiffs failed to point out any illegality, irregularity, mis-reading, non-reading of evidence or jurisdictional defect---Revision was dismissed in circumstances.

Ashiq Ali vs Ghulam Ali (deceased) Ss — 2025 MLD 1835 LAHORE-HIGH-COURT-LAHORE

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