Mst. NAZEERAN and others vs ALI MUHAMMAD and others
This petition for leave to appeal challenged a judgment of the Lahore High Court, which had dismissed the petitioners' civil revision regarding a property dispute. The respondents/plaintiffs had originally filed a suit for a declaration of ownership and permanent injunction, claiming possession of specific land and challenging the legality of a mutation (Mutation No. 74) in favor of the petitioners. The trial court initially dismissed the suit, but the Additional District Judge accepted the respondents' appeal, declaring them owners in possession based on an earlier mutation (Mutation No. 162) and finding the petitioners' mutation illegal. The High Court upheld this decision. Before the Supreme Court, the petitioners argued that the respondents failed to prove the purchase of the property. The Supreme Court, upon reviewing the record, found that the respondents' possession and ownership were established by Mutation No. 162 and consistent revenue records since 1955-56. The Court held that the validity of Mutation No. 162 was a question of fact concurrently decided by the lower courts, and thus, no grounds existed for interference. The petition for leave to appeal was dismissed.
- Can the Supreme Court interfere with concurrent findings of fact regarding the validity of a mutation?
- Does a mutation entry supported by revenue records and oral testimony constitute sufficient proof of ownership and possession?
ORDER
1. ' USMAN ALI SHAH, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Multan Bench dated 12-1-1986, whereby civil revision of the petitioners was dismissed.
2. ' All Muhammad etc. Respondents/plaintiffs filed a suit before the Civil Judge, Khanewal against the petitioners/defendants for a declaration that out of 90 kanals of the disputed land they are in possession of 68 kanals 2 marlas and the land transferred in the name of the defendants through Mutation No,74 dated 11-2-1.973 is illegal and liable to be cancelled. Prayer for a permanent injunction restraining the petitioners/defendants from interfering with the possession of the respondents/plaintiffs and further alienation of the land in dispute was also made. The learned Civil Judge after framing the contesting issues and recording the evidence thereafter dismissed the suit of the respondents/plaintiffs. Appeal of the respondents/plaintiffs before the Additional District Judge was accepted vide judgment dated 18-12-1985. The learned District Judge held that the respondents are the owners in possession of 29 kanals 12 marlas relating to Mutation No,162 dated 21-9-1954 and that Mutation No,74 dated 11-2-1973 in favour of the petitioners/defendants is illegal, void and ineffective against the rights of the respondents. The petitioners filed civil revision against the said order in the Lahore High Court which was dismissed vide judgment dated 12-1- 1986.
3. ' The learned counsel for the petitioners attempted to argue before us that the learned High Court erroneously upheld the Mutation No,162 as valid and Mutation No,74 as illegal as the respondents failed to prove the purchase of the suit property. A perusal of the record will show that the property in dispute was sold to the respondents vide Mutation 162 by one Abdul Qadir and the possession of the land was delivered to respondents since the date of sale. In addition to other oral evidence Patwari Halqa who entered the said mutation also appearedin support of the sale mutation before the trial Court. The possession of respondents over the disputed land is established from the Revenue record since 1955-56 as co-sharers/purchasers from Abdul Qadir and the petitioners failed to produce any evidence on the record to show that the respondents ever paid the rent of the suit property to the petitioners/defendants. The two Courts below have held that Mutation No,162 was not proved to he fraudulent and thus it is a question of fact on which both the Courts below including the High Court have rightly come to a correct conclusion to declare Mutation No,162 as genuine.
4. ' Under the circumstances, we do not think that the petitioners have made out a case for leave to appeal. This petition is accordingly dismissed.
Cited by 3 cases
- KHALIQDAD KHAN and others vs Mst. ZEENAT KHATOON and others 2010 SCMR 1370
- PROVINCE OF THE PUNJAB through Secretary, Education Department and 2 2005 YLR 1560
- Province Of The Punjab Through Secretary, Education, Department And 2 K.L.R. 2006 Revenue Cases 35