PROVINCE OF PUNJAB through District Officer Revenue / Collector District Bhakkar vs ZULFIQAR

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PROVINCE OF PUNJAB through District Officer Revenue / Collector District Bhakkar VS ZULFIQAR. Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 72, 117 & 120---Suit for declaration and injunction---Document, proof of---Onus to prove---Respondents / plaintiffs claimed to be owners in possession of suit land purchased from an earlier allottee and alleged that subsequently the land could not be allotted to appellants / defendants by Settlement authorities---Suit filed by respondents / plaintiffs was decreed by Trial Court in their favour, but Lower Appellate Court dismissed the suit---High Court in exercise of revisional jurisdiction set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court passed in favour of respondents / plaintiffs---Validity---Respondents / plaintiffs sought a declaration of ownership and possession---Such relief could not be granted unless respondents / plaintiffs had discharged the burden of proving the primary transaction, namely prior allotment, proving conferment of proprietary rights upon the earlier allottee by bringing on record any document in such respect---When the foundational document was not produced, respondents / plaintiffs could not succeed merely on the basis of mutation entries or oral assertions---Courts were under a solemn obligation to jealously guard public property and to ensure that entries in the revenue record, alleged allotments, or fiscal mutations would not become instruments for unlawful deprivation of State land through defective proof, procedural laxity, or collusive conduct---Supreme Court set aside the judgment and decree passed by the High Court and restored that of the Lower Appellate Court; consequently, the suit filed by respondents / plaintiffs stood dismissed---Appeal was allowed.

PROVINCE OF PUNJAB through District Officer Revenue / Collector District Bhakkar vs ZULFIQAR — 2026 PLD 269 SUPREME-COURT

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