Muhammad Arshad Mehmood vs Muhammad Bashir (deceased) S — 2026 MLD 775 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 MLD 775 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: MLD
Parties: Muhammad Arshad Mehmood vs Muhammad Bashir (deceased) S
Subject matter: Civil
Provisions referred to: S. 26---P; S. 53---S; Punjab Land Revenue Act (XVII of 1967); Specific Relief Act (I of 1877); Holdings Ordinance

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

Muhammad Arshad Mehmood VS Muhammad Bashir (deceased) S.26---Punjab Land Revenue Act (XVII of 1967), S.53---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction--- Consolidation proceedings--- Civil Court, jurisdiction of--- Principle--- Fraud--- Complicated question of law and fact--- Petitioner / plaintiff assailed mutation in question but suit and appeal were concurrently dismissed by two Courts below on the ground of bar to the jurisdiction of Civil Courts against consolidation proceedings--- Validity--- Without any proof showing that change in subsequent record of rights was result of consolidation proceedings or any lawful order passed thereunder, it could not be presumed that such change occurred due to consolidation--- Courts decide cases on the basis of proof and not on presumption--- Findings of both the Courts below upon section 26 of Punjab Consolidation of Holdings Ordinance, 1960 were based upon presumptions and conjectures and were not tenable in the eyes of law--- Complicated questions of law and fact, particularly involving allegations of fraud, necessarily require recording and appreciation of evidence fall within the exclusive jurisdiction of Civil Court--- Fraud can only be adjudicated by a competent Civil Court and not by revenue authorities exercising summary jurisdiction--- Fraud and mala fides vitiate all proceedings and cannot be protected by any statutory bar--- High Court set aside judgments and decrees passed by two Courts below and the matter was remanded to Trial Court for decision afresh on question of jurisdiction--- Revision was allowed in circumstances.

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