Agricultural Land

Burden is on the claimant to establish affirmatively that the woman substantially understood the document and that the execution of the document was indeed her free and intelligent act

If the woman is illiterate, it is required that the contents of the document be read over to her.

Mandatory conditions/ parameters for a transaction regarding property with a pardanashin/illiterate lady which should be complied with

Said conditions are:- (i) Proper identification; (ii) Reading and explanation of the document; (iii) Presence of independent witnesses; (iv) Free and voluntary consent; (v) Independent legal advice: and (vi) Witnesses for thumb impression or signatures

Said conditions were designed to protect the interests of vulnerable individuals and ensure that transactions were conducted with fairness and transparency

Failure to meet these requirements could render the transaction suspect and may lead to its invalidation.

After partition the four sons moved to Pakistan and three of them ("the claimants") filed a claim before the Settlement and Rehabilitation Authorities urging that the abandoned agricultural land pertaining to their share should be verified as their names duly stood entered in the Pedigree Table of their late father

Said applications were dismissed by the Rehabilitation Commissioner on the ground that according to the revenue record received from India, only the eldest son was mentioned as the sole owner of agricultural land and the other three sons i.e. the claimants had failed to agitate for correction of entries in the said revenue records from the time they attained majority until partition

Held, that Jamabandi clearly showed that the entry in the Revenue Records with respect to the land was in the name of the eldest son followed by "etc.", which clearly established that that the eldest son was not the exclusive owner of the said land as the mention of "etc." was a reference to the three other sons i.e. claimants who were minors at the time of their father's death in the year 1917

Moreover the head of the clan/cast, to which the parties belonged, had provided sworn evidence before the Rehabilitation and Claims Commissioner regarding the non-applicability of the Rule of Primogeniture in their clan/cast

Claim against the abandoned land in India, which had been accepted, had to be shared equally between the four brothers

Review petition was dismissed in circumstances.

On all the three mutations against the name of the deceased a thumb impression was affixed, but no effort was made to confirm the authenticity thereof

Out of the two attesting witnesses of the mutations, only one was produced and no reason was given for the non-production of the other witness [Article 79 of the Qanun-e-Shahadat, 1984 stipulated that a document "shall not be used in evidence until two attesting witnesses at least have been called for the purpose of proving its execution"]

Mutations entries in the present case had to be disregarded.

Respondent conceding before Additional Settlement Commissioner that value of house in question was more than Rs.10,000 and praying that it might be transferred to him at that price

Conduct of respondent showed that, he gave up his claim that house in dispute formed part and parcel of agriculture land allotted in his favour-Respondent, therefore, was estopped from urging that order of Deputy Settlement Commissioner treating house as an independent house to be disposed of through auction under relevant Scheme or provisions of Act was illegal and passed without jurisdiction

High Court, held, could not interfere in its constitutional jurisdiction with order passed by relevant authorities in exercise of their statutory jurisdiction

Relevant Settlement Authorities including Settlement Commissioner, as a result of proper inquiry and after hearing respondent coming to findings that disputed house could not be treated as a part and

Leave to appeal refused.

Oral sale of entire allotted property supported by statement of Lambardar and witness and followed by entry and attestation of mutation

Subsequent misdescription of property through entry of different Khasra numbers not to stand in way of plaintiff's claim- -Enforcibility of oral sale by Courts below being in conformity with requirement of law, upheld

Leave to appeal refused.

Art. 185(3)-Landlord and tenant-Agricultural land-While converting petition into appeal and maintaining status quo in respect of physical possession by agreement of parties, Supreme Court ordered that person in possession of land either as owner or as tenant of either party, shall deposit landlord's share of produce with Tehsildar of area Tehsildar directed to enforce compliance with order of Court in case of default by any of parties or person in possession and invest money so received in Khas Deposit to be given to parties ultimately succeeding in case.

Agricultural Land Classes of land-Evaluation of "sallab land"-Rehabilitation Settlement Scheme, para. 16.

Agricultural land-Transactions of gift of agricultural land must be entered in revenue record-Convention that no time limit prescribed for recording alienation in revenue record for mutation purposes, rejected-Person acquiring any right or tile in land bound to report facts to patwari within three months-Land Revenue Act (XVII of 1967), Ss. 42(1) & 48.

Agricultural land- Proceedings commenced by Controller prior to promulgation of Constitution of Pakistan (1956)-May be carried on, notwithstanding provisions in Constitution of Pakistan (1956) had transferred this subject from Central List to Provincial List-West Pakistan Abolition of Estate Duty (Agricultural Lands) Act, 1958-Not retrospective-West Pakistan Abolition of Estate Duty (Agricultural Lands) Act (XXXV of 1958).