The rights of a person in the land record in the Record of Rights, and such person feels aggrieved, for correction of such entries he has to approach Civil Court for declaration under section 53 of the Act or in other words under section 42 of the Specific Relief Act both the relief available being of the same nature and identical

Reference in this respect can be made to “RASTA MAL KHAN and others versus NABI SARWAR KHAN and others” (1996 SCMR 78) wherein the Hon’ble Supreme Court of Pakistan held as under:- 

“10. Regarding bar of jurisdiction of the Civil Court under section 172, subsection (2), clause VI of the West Pakistan Land Revenue Act, 1967 it may be pointed out that exclusion of jurisdiction of Civil Court relates to the correction of the entries made by the Revenue Officer in  performance of his duty without touching the right of the persons in the land, but whenever such entries interferes with the rights of a person in the land record in the Record of Rights, and such person feels aggrieved, for correction of such entries he has to approach Civil Court for declaration under section 53 of the Act or in other words under section 42 of the Specific Relief Act both the relief available being of the same nature and identical. The dispute herein pertained to the nature of the transactions in the suits for preemption based on the impugned mutation. The suits were therefore rightly held triable by the Civil Court.” 

Even this Court in the case of “ALLAH RAKHA and another versus MEMBER (REVENUE), BOARD OF REVENUE, PUNJAB, LAHORE and 22nd others” (2004 MLD 597) has also adopted the same principles.

 Part of Judgment 

 IN THE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI JUDICIAL DEPARTMENT

Civil Revision-Civil Revision (Against Decree) u/s. 115, C.P.C.
672-11

2017 LHC 1965