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2005 YLR 160

Mst. ASGHARI vs PROVINCE OF SINDH and others

Citation2005 YLR 160
CourtSindh High Court
Case No.C.P. No,D-218 of 2004
Date2004-09-14
Judge(s)Amir Hani Muslim, Ata-ur-Rehman
ResultPetition allowed

ORDER

1. ' Through this petition the petitioner has prayed for the following reliefs:-- "That this Honourable may be pleased to direct the respondents to verify the Permanent Transfer Deeds issued regarding House No, G/174/42 , G/174/52 and G/174/70 issued in favour of the.

2. Dhandoo the father of the petitioner under the Displaced Persons (Compensation and Rehabilitation) Act, 1958 and also issue direction to the respondents for verifying Permanent Transfer Deeds or any relevant document/ record required verification for the purpose of mutation of the name and also issue direction for granting Certified True copy of the documents of the record maintained by them under the Displace Persons (Compensation and Rehabilitation) Act, 1958 or the Displaced Persons (Land Settlement) of 1958 Act."

3. ' The petitioner's grievance is that he has approached the respondents for mutation of the P.T.D. In respect of the properties bearing No,C/174/42, G/174/52 and G/174/70.

4. 'According to the petitioner the title of the petitioner is neither defective nor any objection has either been raised by the Settlement Department or by the Revenue Authorities but the mutation has been refused apparently on the ground that in view of the Government instructions the Evacuee Property Wing has been wound up and all the functions of the Evacuee Property Department has been stopped. The relevant respondents therefore informed the petitioner that they would not be in a position to verify the correctness of the P.T.D. In question.

5. ' The comments have been filed by the Mukhtiarkar Latifabad in which he has also taken the same stand. The verification of a document is a right of the party and the custodian in law is bound to verify it by comparing the same with the original record. The verification cannot be denied bn the ground that the Evacuee Department has been wound up. In this regard this Court in C.P. No,D-64 of 2003 has directed the Department to mutate the record of the petitioner who had approached this Court with identical prayers.

6. ' We are also of the same view that mutation cannot be denied on such ground. We accordingly allow this petition in terms of the order passed by this Court in C.P. No,D-63 of 2003.

Cited by 2 cases

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