Sindh Land Revenue Code
Sindh Land Revenue Code legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Where orders passed by highest forums of Revenue hierarchy were found to be within jurisdiction, legal and proper and no mala fides on the part of such Authorities or want of jurisdiction was pointed out, and no miscarriage of justice had taken place, Civil Court could not strike down those orders
Appellate Court had virtually discussed each and every issue and assigned reasons for upsetting findings of Trial Court
Appellate Court had jurisdiction to reopen such case while hearing appeal and to decide the same
Findings of Appellate Court were neither perverse nor fanciful-
Entries in revenue record regarding ownership of properties are presumptive evidence of title sufficient to sustain any finding consistent with such entries: unless contrary is proved
Such entries constitute an important source of information which enjoys an initial presumption of truth attached to it.
Property was clearly shown in the relevant official record to be attached to a temple and names of persons were shown as Managers
Presumption of correctness is attached to such entry under 5.135-J. Sind Land Revenue Code and S.32, West Pakistan Land Revenue Act, 1967
Where no positive evidence was produced by respondent, evidence from official record was sufficient to uphold the claim that the property was evacuee trust property.
Presumption of correctness is attached to entries under S.135-J of Sind Land Revenue Code and S.52 of West Pakistan Land Revenue Act, 1967 until contrary is proved
Effect of production of such evidence would be that the onus of proof is shifted to the respondents
Where the respondents did not produce any evidence to show that property was entered in the name of private owner, such property, held was attached to a religious or charitable trust.
High Court holding on basis of proved evidence that suit land was granted to respondent for purpose of public utility and since property no longer required for said purpose, same was to revert to Government and that contract between parties was not enforceable in law
Plea raised by petitioner against such finding found to be without merit
Leave to appeal refused.
S. 5-A read with West Pakistan Agricultural Development Corporation Ordinance (XXV of 1961), Ss. 23 & 24-Notification issued under Code and Ordinance-Combined effect-Grant of land by Director, Colonization Ghulam Muhammad Barrage-Open to modification' and cancellation by Board of Revenue.
Sind Land Revenue Code, S. 62 read with Standing Order No. 10-Cancellation of grant under S. 62 by Member, Board of Revenue-Non-observance of Standing Order cannot render order without jurisdiction-Special Leave to Appeal refused by Supreme Court.
S. 16-Commissioner may record evidence of parties at stage of revision.
Review-Not provided for by Code.
S. 196 - Parties allowed to engage counsel - Counsel engaged by party to be heard.
S. 65-Construction of village in 1943 on advice of Revenue and P. W. D. Staff with pacca and katcha houses and farm buildings, with no shops or hamsaiabs-Does not come under prohibition contained in S. 65.
"Sindh Land Revenue Code", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/13416
Precedents & Case Laws citing "Sindh Land Revenue Code"
1998 C L C 546
Major AKBAR HAMID LODHI and 7 others‑‑‑Plaintiffs Versus ABDUL KARIM ‑‑‑Defendant
Court: Karachi1991 C L C 744
KARACHI FLOUR MILLS UNION and 2 others ‑‑‑ Appellants Versus PROVINCE OF SINDH through Secretary, Department of Food
Court: Karachi2002 M L D 1049
Mst. ZOHRA and others — Applicants Versus NABI BUX and others — Respondents.
Court: Karachi1997 M L D 1309
RAIS DIL MURAD KHAN‑‑‑Petitioner Versus ALI NAWAZ and others‑‑‑Respondents
Court: Karachi2021 C L C 1385
HOT — Applicant Versus Malik ALLAHYAR KHAN and 5 others — Respondents
Court: Sindh (Hyderabad Bench)1990 M L D 1145
AMIR BUX and others‑‑Applicants Versus IBRAHIM and others‑‑Respondents
Court: Karachi2000 P T D (Trib
N/A
Court: Income-tax Appellate Tribunal Pakistan2006 C L C 814
MUHAMMAD KHALIL MEHDI KIZILBASH — Plaintiff Versus MUHAMMAD IQBAL MEHDI and others — Defendants
Court: Karachi2024 C L C 1984
SHER ZAMAN and others — Petitioners Versus GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat, Quetta and others — Respondents
Court: Balochistan2017 C L C 1123
Mst. MALOOKAN — Petitioner Versus BACHO MAL and 4 others — Respondents
Court: Sindh (Larkana Bench)