GHULAM NABI vs THE STATE S — 1962 PLD 61

Citation: 1962 PLD 61

Court: Board of Revenue

Year: 1971

Decision Date: 1971-06-09

Parties: GHULAM NABI vs THE STATE S

Headnotes

Case cited as PLD 1962 Lah. 61

Judgment Text

Court Name: Board of Revenue Judge(s): Nusrat Hasan Title: GHULAM NABI vs THE STATE S Case No.: R. 0. R.No, 1642 of 1969-70, Date of Judgment:1971-06-09 Reported As: PLD 1985 Rev. 76 [Sindh] Result: Revision dismissed Judgment ORDER ' This is a revision petition against the order dated 17-4-1970 by the Additional Commissioner, Hyderabad whereby he rejected the petitioner's appeal in respect of entries in Record of Rights Regarding S. Nos. 65/1 to 6, 66/1 to 12, 87/1 to 12, Deh 338, Taluka Jamesabad. 2. The facts of the case are that the petitioner claims that the disputed land belonged to his father and had been mutated in the petitioner's name after the death of his father some time back but that one flak Muhammad had fraudulently declared the petitioner as dead and got the Khata of the disputed land changed in his own name. Tbis mutation is alleged to have taken place in 1945. The petitioner approached the Deputy Commissioner, Tbarparkar for cancellation of the mutation in 1969 but the Deputy Commissioner advised him to seek his remedy in civil Court. The petitioner preferred an appeal, which was rejected by the Additional Commissioner, Hyderabad vide the impugned order. 3. I heard the parties on 7-10-1970, 18-11-1970 and 19-4-1971. Parties had urged the following points :- 4. PETITIONER "(1) Fraud had been played against the petitioner and he was shown as dead by one Haji Muhammad who got the Khata of the petitioner's land changed in his own name in 1945. The petitioner…

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