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1991 CLC 1704

Mst. GHULAM FATIMA and others vs MUHAMMAD DIN and others

Citation1991 CLC 1704
CourtLahore High Court
Case No.Writ Petition No,2730 of 1991
Date1991-04-08
Judge(s)Manzoor Hussain Sial
ResultPetition dismissed

ORDER

' The petitioners by means of this Constitutional petition have called in question the validity of order dated 12-2-1991 passed by the learned Member, Board of Revenue, whereby he dismissed their revision petition and maintained the order dated 25-5-1987 of the Additional Commissioner (Consolidation), who had reversed the order dated 29-1-1986 of the Collector allowing review of Mutation No,231 dated 23-8-1971 on application filed by the petitioners on 9-2-1984. The main ground pressed into service by the learned Member, Board of Revenue, in rejecting the revision petition was that the petitioners sought review of the mutation after a lapse of over 12 years without making application for condonation of delay. The other ground for the aforementioned order was that the entries in mutation were carried out in more than one Jamabandis and the proper course for the petitioners was to challenge the same in civil Court.

2. Learned counsel for the petitioners contended that Muhammad Ismail vendor, who had alienated the property through registered deed in 1965 was not owner of the land, as such, the sale-deed in favour of Ranjha vendee was of no effect, the 'period of limitation, therefore, could not be counted against the petitioners having challenged a void order.

3. The contention raised by learned counsel has no merit. It is not denied that the mutation was sanctioned on the basis of a registered sale-deed in 1971 and the petitioners had applied for review of the mutation over a period of 12 years when the entries pertaining to mutation were reflected in several Jamabandis. The learned Member, Board of Revenue, rightly observed that the proper course for the petitioners was to have approached the civil Court for the relief prayed for. There is no substance in this petition and the same is accordingly dismissed in limine.

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