Punjab Land Records Manual

Objection was that under S.150 of the Land Revenue Act. 1967 the Girdawar could not have been appointed to determine the mode of partition and as such entire proceedings there coram non judice

Validity

Properties having source of irrigation through a persian-wheel or tube-well would be described as "chahi" and "nal chahi" respectively

Properties having source of irrigation through Government canal would be described as "Nehri".

Proper remedy of aggrieved party is to approach the civil Court.

S. 172 (2)(vi)??Land Records Manual, para. 99??Transfer of Property Act (IV of 1882), S.53?A??Constitution of Pakistan (1973), Art. 199?Rectification of entry in Khasra Gird awari??Petitioner had got executed an agreement to sell in his favour and on force of that agreement he got entered in Khasra Girdawari that he was in self?cultivation of land??Word "self?cultivation" was intended for the owners only?Petitioner being only in possession of agreement to sell had yet neither a sale?deed in his favour nor any mutation had been attested, so entry of self?cultivation was rightly rectified by Collector??Revenue Courts had concurrently found that rectification of entries in Khasra Girdawari was justified??No case for interference having been made out, Constitutional petition was dismissed. Muhammad Safdar Ali Iqbal v. Sher Muhammad etc. 1980 CLC 520 ref.

Para 7. 41- -Constitution of Pakistan (1973), Art. 199-Tenant of a joint Khata purchasing part of same - - Effect- -Tenant of a joint Khata after purchasing a share thereof, held, would become a co-owner there in Such tenant was rightly shown as a co-owner in possession-Finding of revenue authorities being unexceptionable could not be interfered within constitutional jurisdiction of High Court.

Punjab Land Records Manual, paras. 7.49 & 7.51-Predecessor-in-interest of appellants getting allotment of land as an informant and after such land was confirmed in his name against his verified claim raising objection in his application before Chief Settlement and Rehabilitation Commissioner that classification relied upon while allotting land in question to him was incorrect and not in accordance with provisions laid down in paras. 29 & 58(a) of Rehabilitation Settlement Scheme and claimed more Produce Index Units contending that classification of land as entered in special Jamabandi and Khasra Girdawari for Rabi 1947 differed

Additional Settlement Commissioner, in compliance with directions of Chief Settlement and Rehabilitation Commissioner, getting necessary

Limits-Grounds for relaxation of age and promotion being that candidates could not be promoted earlier as there was no vacancy available, such ground, held, could hardly be a circumstance, muchless special, to exercise discretion vesting in the Director, Land Record

Discretionary powers have to be exercised judicially and not arbitrarily

Where departmental instructions were not faithfully complied with by the Authority, entire building raised on order of such Authority would come down with the result that order promoting candidates was no order in the eye of law.

R. 3.20 and Punjab Civil Servants; (Efficiency and Discipline) Rules, 1975, R. 6 (3)-Show-cause notice procedure-Justification-Patwari collecting himself land revenue from land owners and not depositing same in Government treasury-Associated in preliminary enquiry conducted to find out truth-Record indicating guilt 'as established besides admission of accused-Resort to show-cause notice procedure, in circumstances, held, caused no prejudice to accused and penalty of dismissal from service not exceptionable.-Punjab Service Tribunals Act (IX of 1974), S. 4.

Expression "any order of any competent authority, for the time being in force" used in r. 32 of West Pakistan Government Servants (Conduct) Rules, 1966

Clearly relates to instructions of type contained in Land Records Manual, para. 3.24-Such instructions, held' given statutory legitimacy by r. 32-Patwari, held, governed by restrictions regarding purchase of property contained in para. 3.24 of Land Records Manual-Violation of such instructions, held, rightly treated as misconduct.

Mutation-Recording of detailed report about transfer of land by Patwaris and affixing signatures of par ties to entries-Practice, held, irregular-Person, whose signatures can be affixed to entry trade in diary, is village Lambardar-Patwari obtaining signatures of Lawbardar only and none of parties-Report of Patwari and contents of mutation, held, not defective -[Mutation].

S. 52 read with Punjab Land Record Manual, para. 7.1 and Punjab Settlement Manual, para. 270-Mutation entries-Entry in mutation register-Does not form part of record-of-rights, hence no presumption of truth attached to such entry-Section 52, Land Revenue Act, 1967, hence, held, not applicable so as to raise presumption of truth in respect of entries in mutation registers-Entries in mutation registers-At beat only of evidentiary value, neither creating nor extinguishing title.-Record-of-rights]

Chap. VII, rr. 7.28 & 7.29-Jamabandi entries not enumerated in r. 7.28-Not to be varied in subsequent records (except to correct clerical errors) without first obtaining orders for variation on mutations entered for such purpose-Entry in mutation not expressly stating retention of hissa shamilat by vendor-Fard badar attested by Revenue Officer many years after the completion of sale regarding no transfer of hissa shamilat-No case of correction of clerical error in incorporating mutation in jamabandi, held, made out-Fard badar having been prepared in violation of relevant rules, document, held, rightly rejected by Courts below as having altered appellant's status of not being .owner at time of sale.

Seniority-Patwari candidates distinct and different from Patwaris - Provisions of Punjab Land Record Manual, Chapter III not inconsistent with provisions of West Pakistan (North Zone) Patwari Subordinate Service Rules, 1963 and thus saved vide r. 11 of West Pakistan (North Zone) Pal war! -Subordinate Service Rules, 1963-Rule 10 requiring preparation of seniority list of Patwaris on district-wise basis applicable to Parwaris appointed under Rules of 1963-Seniority list of Patwari candidates, held, should continue to be prepared tehsilwise in accordance with para. 3.6(a), Punjab Land Record Manual.

North-West Frontier Province Pre-emption Act (XIV of 1950), S. 12, thirdly-Right of pre-emption in respect of agricultural land-"Contiguous" property-"Holding", "Khasra" or Weld" number-Meaning-Holding or parcel of a land comprising in a number of fields bearing different Khasra numbers Remain, one property-Person pre-empting sale of such parcel of land need not own property contiguous to all Khasra numbers thereof-Person owning property contiguous to any part of such land-Held would have right to pre-empt entire land comprised in Khasra numbers-Punjab Land Revenue Act (XVII of 1887), S. 3 (3)-Punjab Land Records Manual.

Punjab Land Records Manual paras. 7.28 & 7.29-"No rent" entry made in jamabandi without entering mutation to that effect-Does not carry presumption of truth.

Punjab Land Records Manual-Chap. 7, paragraph 7.17. A mutation should not be refused merely because it is claimed that the alienor has no right by custom or statute to make such an alienation.