Abdul Rehman vs Nazir Ahmad Ss — 2025 YLR 322 LAHORE-HIGH-COURT-LAHORE

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Abdul Rehman VS Nazir Ahmad Ss.5 & 6---Specific Relief act (I of 1877), S.42---Punjab Conferment of Proprietary Rights on Occupancy Tenants and Muqarraridars act (XXVII of 2012), S.2(b)---Civil Procedure Code (V of 1908), O.XLI, R.22---Suit for declaration---Occupancy tenant---Determination---Claim of respondents/ plaintiffs was that suit-land was in their occupancy and that petitioners/ defendants had nothing to do with the same---Plaintiffs had alleged that the names of the defendants had been entered in the column of cultivation as Dakheelkar in the record of right for the year 1976-77 and a mutation had also been attested in their name fraudulently with the connivance of revenue officials for conferment of proprietary right---Defendants refuted the claim of plaintiffs contending that mutations had been validly attested---Trial Court dismissed the suit, whereas, the appellate Court accepted appeal of the plaintiffs---Validity---Tenancy of the defendants had not been established through any documentary evidence---Dakheelkar occupancy tenant was the only tenant who had possession upon the land about 20 years prior to promulgation of the Punjab Tenancy act, 1887, (act)---Witness of the defendants deposed that predecessors of the defendants migrated from Jammu and Kashmir at the time of partition of India---Defendants mentioned in their written statement that their predecessors were in possession of the suit property for the last 40/41 years, meaning thereby they were not in possession since 21st day of October, 1868---Prior to sanctioning of mutation, the particulars of the defendants did not exist in the revenue record as occupancy tenant, and even no affirmative document was produced by them, as such any entry made by the revenue officer and order passed by the assistant Commissioner were perverse and patently illegal---Trial Court decided issue No.4 in favour of the plaintiffs but the defendants neither challenged the findings on said issue nor filed any cross objections under O.XLI, R.22, CPC, as such the said issue had attained finality against the defendants and had become past and closed transaction---Civil revision was dismissed, in circumstances, with a direction to the revenue hierarchy to consider the criteria prescribed in Ss.5 & 6 of the act before granting proprietary right under S.2(b) of the Punjab Conferment of Proprietary Rights on Occupancy Tenants and Muqarraridars act, 2012.

Abdul Rehman vs Nazir Ahmad Ss — 2025 YLR 322 LAHORE-HIGH-COURT-LAHORE

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