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IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No. ____________/2001

Muhammad Ali, etc. Vs. D.C. & others.

AUTHORITIES RELIED UPON BY THE


COUNSEL FOR THE PETITIONERS.

1) NLR 1993 Rev. S.C. 36. Question of fraud involved in


getting mutations cannot be
examined by Revenue
authorities. Recourse can be
had to Civil Courts possessed
of plenary jurisdiction to
determine this question.
2) 1984 CLC 1729 (D.B.) Entries in record of rights
made in favour of petitioners
on basis of clearance
certificate issued by
Rehabilitation authorities---
Entries subsequently
cancelled by Revenue officer
without giving notice to
petitioners alleging that said
certificate was bogus---Held
even if said certificate was
bogus, mutation on the basis
of same could not have been
cancelled without giving
notice to persons effected by
cancellation order, thus,
passed in violation of
principles of natural justice---
same is void.
3) 1983 CLC 1124 Mutation of sale remaining
unchallenged for more than
12 years---property changing
hands---Mutation of such
property cannot be allowed to
be reviewed on basis of
decree of civil court---vested
rights of purchasers---held---
cannot be defeated by altering
entries of revenue record.
4) Mutation---Re-opening, on
allegations of fraud after 13
years of attestation---not
permissible----Question
whether there were sufficient
grounds for condoning delay
of 13 years---intricate
question of law, which cannot
be resolved by Revenue Court
in Summary inquiry----civil
court is proper forum for
determination of intricate
question of law---Land
Record Manual---para 7.30.

Through: -
Zaffar Iqbal Khan,
Advocate
124-District Courts, Multan.

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