Allegation of fraud should be dealt by the Civil Court because Revenue Courts have no jurisdiction

16. It has been repeatedly held by the Superior Courts, and similarly law itself provides, that proceedings before the Revenue Courts are of summary nature. Whenever complicated question of fact is involved, the exclusive jurisdiction vests in the Civil Court to decide the same. The Revenue Courts have exceeded from their jurisdiction and have erred while interfering in the complicated question of title based on alleged fraud. The longstanding entries qua the allegation of fraud should be dealt by the Civil Court because Revenue Courts have no jurisdiction to interfere in such like matters. The mutation being summary proceedings Revenue authorities could not clinch such complicated matter in summary proceedings. At the time of attestation of mutation, no detailed evidence is recorded by the Revenue Officers and it is otherwise the function of the Civil Court to decide matters after framing of issues and recording of evidence of both the parties. Reference is placed on case-law reported as Muhammad Naeem v. Siraj-U-Din and 6 others (2015 CLC 1084), Mst. Khurshid Bibi and others v. Liaqat Ali and others (2010 Y L R 2729), Muhammad Nawaz and others v. Pir Bakhsh and others (1990 CLC 1968) and Muhammad Ishaq v. Member (R), Board of Revenue, Punjab, Lahore and 18 others (1994 MLD 2254). 

Part of Judgment

IN THE LAHORE HIGH COURT M U L T A N BENC H M U L T A N JUDICIAL DEPARTMENT 

Writ Petition-Land-Miscellaneous
11548-15

2020 LHC 937