ABDULLAH and 5 otherss vs ALLAH DITTA and another
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, concerning the legal effect of revenue entries in the Khasra Girdawari recording cultivation by a deceased person. The core legal question examined by the court is whether entries in the Khasra Girdawari demonstrating cultivation by the petitioners' deceased predecessor-in-interest can avail the petitioners in claiming a right in allotted land, and whether respondent Allah Ditta was improperly given preference over them, considering that any fault in the entries lay with the Patwari rather than the deceased or the petitioners. The Court granted leave to appeal to consider these questions regarding revenue records and land preference.
- Whether entries in the Khasra Girdawari showing cultivation by a deceased person can avail the legal heirs for claiming rights in allotted land?
- Whether a respondent can be given preference over petitioners when the defect in revenue entries is attributable to the Patwari rather than the parties?
ORDER
1. SHAFIUR RAHMAN, ACTG. C.J.---Leave to appeal is granted to examine whether the entries in the Khasra Gardawari showing the cultivation of Umar Din the predecessor-in-interest of the petitioners in spite of his being deceased would not be of avail to, the petitioners for claiming a right in the allotted land and whether Allah Ditta (respondent No,1) could be given preference over the petitioners. The fault, if any, was not of Umar Din or of the petitioners but of the Patwari who made the entries in the Khasra Girdawari with regard to cultivation by a deceased person.