"As regard to issue No.2 and 3, the findings of the learned trial
court are not tenable. In the previous suit the appellant has
challenged the validity of mutation No.9 sanctioned in favour of
the respondent and that suit was although dismissed but the
mutation No.9 was also set aside and the revenue officer was
directed to sanction a fresh mutation according to law. In the
suit in hand, the appellant has challenged the mutation No.1168
sanctioned by the revenue officer which according to him is
illegal and void and he sought a declaration that the said
mutation is not according to the share of the parties and the
respondent has been given more land than her due share, So, the
instant suit is maintainable and not hit by the principle of resjudicata,"
Reliance in this regard is placed
on the cases reported as Muhammad Aslam &02 others vs' SYed Muhammdd
Azeem Shah (1996 SCMR 1862) & Kanwal Nain vs. Fateh Khan (PLD 1983 SC 53 ).
Used in Judgement of
Lahore High court
Civil Revision
130272/18
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