Note that Section 45 of the Revenue Act clearly provides that entries in record of rights or periodical record

13. It is important to note that Section 45 of the Revenue Act clearly provides that entries in record of rights or periodical record (except entries made in periodical records with respect to undisputed acquisition of interest under Section 43) cannot be varied in subsequent records unless:

(i) the facts are proved or admitted, 

(ii) entries are agreed by all the interested parties or supported by decree of order binding on those parties, and 

(iii) making new maps where it is necessary to make them. In other words, Section 45 of the Revenue Act provides that the variation in a periodical record could be made with respect to undisputed acquisition of interest in terms of Section 43(a) of the Act, on the basis of facts proved or admitted. Likewise, such corrections were permissible with the consent of all the parties or which are supported by a decree or order binding on parties and not otherwise. All this brings to hold that no disputed entry in a record-of-rights or periodical record could be altered, either on ground of mistake or a fraud, except on basis of obvious clerical error or patent facts, requiring no elaborate inquiry for their establishment, thus, the disputed entries having been incorporated in the Revenue Record could only be corrected through a decree of the competent court and not by the order of any of the official in the hierarchy of revenue authorities. This view has been supported by the judgments in case of Waris Khan v. Col. Humayun Shah (PLD 1994 SC 336), Rasta Mal Khan v. Nabi Sarwar Khan 1996 SCMR 78 and Nemat Ali v. Malik Habib Ullah (2004 SCMR 604).  

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