Sindh Land Revenue Code 1879

"Occupant" as per S.2(16) of the Sindh Land Revenue Code, 1879, means a holder in actual possession of unalienated land other than a tenant provided that where the holder is a tenant, the landlord or superior landlords as the case may be, shall be deemed to be the occupants

Alienation under S.2(20) of the Code means transfer in so far as the rights of the Government to payment of the rent or land revenue are concerned wholly or partially, to the ownership of. any person

Ownership, in case of an unalienated land is not transferred while in the present case the land was under the ownership of the revision petitioner where petition had been dismissed and was alleged to have sold the land to the father of applicants

Petitioner, moving the Court under O.XXII, R.10, C.P.C. & O.IX, R.9, C.P.C. for restoration of the revision which had been dismissed, and claiming title of the said land through their father who was stated to have acquired interest in the land in question through a simple statement to have been recorded by the Mukhtiarkar

Validity

Provisions contained in O.XXII, R.10, C.P.C. could be invoked if there was a case of assignments creation or devolution of any interest during the pendency of a suit

Suit could be allowed to be continued by or against the person upon whom such interest had come or devolved

Mere entry in the record of rights would not confer any title

Title in the movable property agricultural land for the value above Rs.100 could be transferred by way of registered deed only

Provision contained in S.54, Transfer of Property Act, 1882 and S.17, Registration Act, 1908 were very clear in that regard and transfer of title in agricultural land was no exception

No interest had been created in favour of the applicants during the pendency of the suit/appeal/revision and therefore, applicants could not avail the provisions contained in O.XXII, R.10, C.P.C.

No interest in the land having been created in favour of the father of the applicants and consequently in favour of the applicants who were claiming the title in the land through their father, therefore, they had no right to submit. an application under OAX, R.9, C.P.C. or under any other provision for restoration of the revision petition which was dismissed on merits and abated as the revision petitioner had died leaving no legal representative and his right to pursue the proceedings had not survived

Application for restoration of revision petition was barred by time and S.5 of the Limitation Act, 1908 was not applicable to the revision.

Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975); S.2 [as amended by Azad Jammu and Kashmir Service Tribunal (Amendment) Act (I of 1993)]

Mirpur Development Authority Establishment Service Rules, 1991, R.15

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.2, 42 & 44

Dismissal from service

Writ petition

Competency

Competency of writ petition against order of dismissal from service passed by Chairman of Departmental Appellate Authority, had been challenged on the ground that civil servants could not file writ petition in respect of terms and conditions of their service

Civil servant according to amended S.2 of Azad Jammu and Kashmir Service Tribunal Act, 1975 was one who was appointed to any service or was holding a civil post in service of Azad Jammu and Kashmir, employed in connection with affairs of the State but such employees who had not been employed in connection with affairs of the State or who ceased to be civil servants were not entitled to go to Service Tribunal for redressal of their grievance

Only course open for such employees was to get their grievances redressed by filing writ petition in the High Court which was not precluded from exercising its jurisdiction

Dismissal from service challenged by civil servant whereupon Service Tribunal taking lenient view converted penalty of dismissal from service into reduction of pay

Validity

Leave to appeal was granted to consider the effect of probation allowed to civil servant after his conviction qua misconduct attributed to him.

Evidence on record showed that plaintiffs remained in possession of plot in question with construction up to plinth level duly confirmed and approved by Additional Commissioner as well as Deputy Commissioner of the area

Plaintiffs were found to be in physical possession of plot in question on basis of survey conducted by Enquiry Officer under- provisions of Ss. 189 & 190, Sindh Land Revenue Code, 1879

Plaintiff's prior possession was also strengthened by payment of specified amount as "Malkana" to Revenue Authorities as far back as 4-3-1974

Issuance of "Sanad", dated 28-5-1975 by Mukhtiarkar, payment of amount towards "Sanad" fee, and deposit of specified amount as first instalment of development charges would prove conferment of ownership rights on plaintiffs

Defendant solely relied upon agreement to sell between third person and himself transferring plot in question to him

Agreement of sale, on, face of it, did not confer any right, title or interest in favour of defendant for alleged transferor himself had no right or title to property which comprised of State land vesting in Federal Government

Preponderance of evidence, proved that it would be safe, proper and reasonable to conclude that defendant illegally and unauthorisedly occupied plot in question but not in his own right

Plaintiffs were, thus, established to be owners in possession of .law in question.

Where agreement between Government and private party (Appellants) expressly provided that Government dues under said agreement would be recoverable as arrears of land revenue, independent of any notification under S.3(2), West Pakistan Government Dues Recovery Ordinance, 1962, procedure adopted by Government for recovery of same under provisions of S.187, Sindh Land Revenue Code 1879 was valid.

Suit filed by respondents for declaration against petitioners to the effect that demand for payment of construction charges of their watercourse was illegally opposed by petitioner on ground that it was barred under S.11 of Act X of 1876, which provided that where an appeal was competent a suit could not be filed and that appeal was competent under S.203 of Sind Land Revenue Code, 1879

Contention that Government and Irrigation Department which were necessary parties were not made parties in suit and that matter could have been adequately dealt with and decided in departmental proceedings and it was not a fit case for grant of declaration by civil Court

Leave to appeal granted to examine question.

Chap. VI, Ss. 62 to 79-Disposal of land-Powers of Collector -Collector, held, could permit occupant for using land for a purpose other than agriculture-Exercise of such power presupposes existing occupant at time of applying for permission to put land in occupation to another use.

Such conclusion arrived at by Enquiry Committee, held, would alone be sufficient to entitle plaintiff to finding amount specified had been spent

Chairman, Village Aid Scheme would not be responsible to repay such amount as loan advanced by Government where amount paid was for development of village and such development was carried out by Village Aid Committee.

High Court, held, would not permit party to raise those very points which had been duly discussed and decided by Courts below unless such finding suffers from apparent defect.

No jurisdictional defect on part of such appellate Court in not relying upon such entries while deciding question of title or proprietary interest in agricultural land.

S. 135-J-Entry in Record-of-Rights and certified entry in Register of Mutations-Presumed to be true until contrary proved or hew entry lawfully substituted therefor-Purchase in name of D not made by ' any registered document but on oral agreement of vendor before Revenue Officer-In correctness of entries unless proved by opposite party, ,statutory presumption, held, operates in favour of D.

S. 123 read with S. 73-A, Sind Land Revenue Code (V of 1879)Agreement forbidden by law-Grantee of Government land on temporary basis later granted land on permanent basis on condition that he may not without permission in writing of Revenue Officer, lease mortgage, sell or encumber land before paying full price

Parties during tenure of grant on temporary basis executing agreement whereby grantee agreed to give half of land to appellant upon certain conditions-Agreement challenged as void being in breach of conditions of grant-Agreement executed long before land granted to grantee on permanent basis and grantee rescinding contract alleging failure of appellant to perform his part of contract-Held grantee not party to any illegal contract nor took advantage of his own wrong.

Ss. 2 & 3 read with Sind Land Revenue Code, S. 211 and Revenue Department Standing Order No. 10-No question arising in case with regard to status of parties-Petitioner alone submitting offer within prescribed- period, petitioner alone, held, entitled to grant :of land.

Ss. 135-B, 135-C & 135-D read with Sind Land Revenue Rules, rr. 106 & 107-Record of Rights-Popularly treated as conclusive evidence of Charter of Rights but incorrect to place it on such high pedestal-Main purpose of preparation of Record of Rights

Collection of land revenue showing title of occupants of property just as an ancillary matter-Entries in such record-trot conclusive-Background of revenue law in Sind traced.-[Record of Rights].

S. 60-Grant of 12 acres of land to landless hari-Such grant ultimately confirmed by Board of Revenue-Board of Revenue later, on revision from opposite-party, cancelling grant after a lapse of about ten years-Order of Board not showing that it was conscious of limitation in case or even of fact that opposite-party did not aspire for area in question and also not making any reference to previous proceedings-Order set aside-Grant having been finally confirmed by Board of Revenue (ten years back) declared to be conclusive.

S. 135-J-Record-of-rights, entries in - Evidentiary value of and presumption of correctness-Entries in record-of-rights, though not conclusive, are evidence of facts recorded therein-Presumption, however, does not apply to entries made in ex parte proceedingsLands belonging to G alleged to have been confiscated during "Hur" movement in 1942 on grounds that G was a habitual criminal and had absconded-Entries in record-of-rights reading: "confiscated vide District Magistrate's Letter No. 5381 dated 30-1-1942"-Order passed ex parte-Neither letter of District Magistrate nor order of Mukhtiarkar produced; no evidence whatever to indicate that any proceeding under Ss. 87 & 88, Cr. P. C. taken against G-Held, no reliance, in circumstances, could be placed on entries in record-of-rights.

Sindh Land Revenue Code 1879 Ss. 205 & 206Appeal, time-barred- Condonation of delay-Admission-Discretion of appellate Revenue Authority-Appellant stating detailed circumstances of delay and also praying for condonation of delay-Additional Commissioner, without specifically mentioning that delay was condoned, admitting appeal-Petitioner failing to raise any objection as to limitation at time of hearing of appeal-Delaying circumstances, held, condoned by Additional Commissioner and such discretionary order, cannot be challenged in constitutional petition-Constitution of Pakistan (1962), Art. 98.

Word "order" wider in meaning than "decision"-Word "order" used in general sense and intended to provide relief against vast varieties of directions, mandates or commands issued by Revenue Officers-Mukhtiarkar imposing Remokal fine-Order appealable before Revenue Court Section 11, Sind Revenue Jurisdiction Act, 1876, bar to suit in civil Court seeking declaration that demand of fine illegal.

Sindh Land Revenue Code 1879 Sind Land Revenue Code (V of 1879)-Land after disappearing by action of non-tidal water re-appearing gradually and imperceptibly to owners of adjoining terra firma

Such land re-appearing suddenly or perceptibly belongs to its original owner-Land grained from year to year for compensating loss occasioned by action of crater-Cannot be identified as disappeared land-Grant does not by itself create any right or title of grantee in such land.

Sindh Land Revenue Code 1879 S. 203-Appeal-Revenue Officer and Assistant Revenue Officer both invested with power of Collector-Revenue Officer not in a position to hear appeal from the order of Assistant Revenue Officer.

Sindh Land Revenue Code 1879 Sind Land Revenue Code (V of 1879), S. 37 (3) and Sind Revenue Jurisdiction Act, 1876, S. 11-Provisions do not permit filing of civil suit against orders of Revenue Authority.

, S. 149-Amount "fixed, determined or established"-Relevant Act not making provision for fixing, determining or establishing amount due-Document showing amount being due by taking accounts, not a "certificate" envisaged by S. 149-Amount not recoverable as land revenue

Sind Foodgrains Nationalisation Board Act (XIX of 1951), S. 6.

Sindh Land Revenue Code 1879 Sind Land Revenue Code, 1879, S. 102-Declaration by Government stating number- of years, does not mean that assessment would not be valid after expiry of that term-Declaration may be made more than once.