FAIZ ULLAH KHAN vs MEMBER BOARD OF REVENUE PUNJAB, LAHORE Ss — 2026 PLD 97 FEDERAL-CONSTITUTIONAL-COURT

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FAIZ ULLAH KHAN VS MEMBER BOARD OF REVENUE PUNJAB, LAHORE Ss.42, 53 & 172---Constitution of Pakistan, Arts. 175F (1)(c) & 199---Entries in revenue record, assailing of--- Jurisdiction---Title, determination of---Constitutional jurisdiction of High Court---Scope---Petitioners were aggrieved of order passed by High Court maintaining refusal of revenue authorities to implement an old mutation in their favour---Validity---Revenue entries do not by themselves confer title but carry a presumption of correctness until rebutted in accordance with law---Where correctness, validity or enforceability of old mutations is disputed, particularly when such mutations have remained unimplemented for decades, the matter inevitably involves disputed question of facts and title requiring proper adjudication and cannot be determined by revenue authorities---Extraordinary Constitutional jurisdiction under Article 199 of the Constitution is intended to provide a prompt and efficacious remedy in cases where illegality or impropriety of action in question is apparent on the face of record and can be determined without undertaking an elaborate inquiry or recording evidence---Where controversy involves intricate disputed or contentious questions of fact, the resolution of which necessitates recording an appraisal of evidence by parties, such matters fall within the domain of Court of plenary jurisdiction and High Court in exercise of its Constitution jurisdiction cannot assume the role of fact-finding forum or enter into such factual controversies---Revenue officer is not competent to decide questions of title and Civil Court alone is competent to decide it---Findings recorded by revenue authorities were based on plausible appreciation of record and did not suffer from any legal infirmity---Petition for leave to appeal was dismissed and leave to appeal was refused.

FAIZ ULLAH KHAN vs MEMBER BOARD OF REVENUE PUNJAB, LAHORE Ss — 2026 PLD 97 FEDERAL-CONSTITUTIONAL-COURT

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