Malik MUHAMMAD ZAHOOR vs THE STATE, — 1971 PCRLJ 1173

Citation: 1971 PCRLJ 1173

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-09

Parties: Malik MUHAMMAD ZAHOOR vs THE STATE,

Headnotes

Case cited as 1971 PCRLJ 1173

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: Malik MUHAMMAD ZAHOOR vs THE STATE, Case No.: Criminal Miscellaneous No. 6618 of 1970 Date of Judgment:1970-03-09 Reported As: 1971 P Cr. L J 1173 Result: Order accordingly Judgment ORDER The facts which gave rise to this petition for quashing of the proceedings are these: The petitioner Malik Muhammad Zahur was a Naib Tehsildar attached to the Thal Development Authority Leiah in the District of Muzaffargarh in the year 1959. Begum Jahan Ara Shahnwaz had purchased some land measuring over seven thousand kanals in Khata No. 192 from Ijaz Husain and Muhammad Afzal etc. In the year 1938. The mutation was attested in 1938. At the the of preparation of the Jamabandi for the year 1939-40 either erroneously or by over-sight the then Patwari made a note against Khata No. 328 "Bashara Khata No. 192". This entry meant that like Khata No. 192 the land comprised in Khata No. 328, which measured about eight thousand kanals, had also been sold away to Begum Jahanara Shahnawaz. The entry continued in the subsequent Jamabandi for the year 1943-44. It is the case of the prosecution that Fard Badar was got prepared by the Patwari and was ultimately sanctioned by the present petitioner on 30-9-1959 showing that Begum Jahan Ara Shahnawaz was not the owner of the land in Khata No. 328 and the land continued vesting in Ijaz Husain and others. It also appears from the narration of facts in the challan that Ijaz Husain and others who…

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