— Exclusion of certain land from operation of the Act — Scope — The properties which have been constructed and the character of agricultural land stand converted, it is the obligation of Board of Revenue as well as revenue officials of the area to notify the same as (آبادی دیہہ) in terms of section 3 of the Land Revenue Act, 1967, as all those constructed properties are to be treated as urban property for all intent and purposes, which could be settled by way of inspection of revenue officials who shall submit report to the Members of Revenue for the purposes of notification under section 3 of the Land Revenue Act, 1967. [2024 CLS 25 = 2024 CLC 125]

— Exclusion of certain land from operation of the Act — Scope — Land means ground, field, open space, open area, landholding, country side, un-built land, rural area, green area, green belt, earth, dirt, clay, therefore, when there is nothing constructed on any piece of land on the solid portion of earth it is to be called as land, it might be used for the purpose of construction, cultivation or for forestation, therefore, the primary territory which Land Revenue Act, 1967 covers is non-constructed portion of earth for the purpose of assessment of land revenue, hence, any constructed portion stand excluded from the jurisdiction of Revenue officer for settlement of rights, especially in terms of Section 135 of the Act, which deals with the partition of any joint land and in terms of Section 136 of the Act there is restriction and limitation on partition — Similarly, Section 172 of the Act also excludes the jurisdiction of Civil Court vis-à-vis the jurisdiction of Revenue officer which only confers the jurisdiction of Revenue officer to those matters which are enumerated therein, however, any issue which relates to constructed portion and its dispute qua title is not within the jurisdiction of Revenue officer rather falls within the domain of Civil Court to be settled among the parties — Land Revenue Act, 1967 is not applicable to constructed building or site of town or village and if any area has been occupied for such purpose of commercial or residential nature same stand excluded from the purview of agriculture land.[2024 CLS 25 = 2024 CLC 125]

— Exclusion of certain land from operation of the Act — Scope — Land means ground, field, open space, open area, landholding, country side, un-built land, rural area, green area, green belt, earth, dirt, clay, therefore, when there is nothing constructed on any piece of land on the solid portion of earth it is to be called as land, it might be used for the purpose of construction, cultivation or for forestation, therefore, the primary territory which Land Revenue Act, 1967 covers is non-constructed portion of earth for the purpose of assessment of land revenue, hence, any constructed portion stand excluded from the jurisdiction of Revenue officer for settlement of rights, especially in terms of Section 135 of the Act, which deals with the partition of any joint land and in terms of Section 136 of the Act there is restriction and limitation on partition — Similarly, Section 172 of the Act also excludes the jurisdiction of Civil Court vis-à-vis the jurisdiction of Revenue officer which only confers the jurisdiction of Revenue officer to those matters which are enumerated therein, however, any issue which relates to constructed portion and its dispute qua title is not within the jurisdiction of Revenue officer rather falls within the domain of Civil Court to be settled among the parties — Land Revenue Act, 1967 is not applicable to constructed building or site of town or village and if any area has been occupied for such purpose of commercial or residential nature same stand excluded from the purview of agriculture land.[2024 CLS 25 = 2024 CLC 125]

— S. 42 — Making of that part of periodical records which relates to land owners — Scope — Mutation entry is not a document of title, which by itself does not confer any right, title or interest, and the burden of proof lies upon the person, in whose favor it was mutated to establish the validity and genuineness of transfer in his/her favor; it is also well settled law that if the foundation is illegal and defective then entire structure built on such foundation, having no value in the eyes of law, would fall on the ground. [2024 CLS 30 = 2024 CLC 239]

— S. 42 — Making of that part of periodical records which relates to land owners — Scope — Mutation confers no title, whereas, once a mutation is challenged, the party that relies on such mutation(s) is bound to revert to the original transaction and to prove such original transaction which resulted in the entry or attestation of such mutation in dispute. [2024 CLS 30 = 2024 CLC 239]

— S. 42 — Mutation entry — Scope — A mutation entry by itself is not a title document and is merely a record of fiscal purpose — Mutation entry is not a document of title, which by itself does not confer any right, title or interest, and the burden of proof lies upon the person, in whose favor it was mutated to establish the validity and genuineness of transfer in his/her favor. [2024 CLS 28 = 2024 CLC 215] 

— S. 42 — Mutation entry — Scope — Mutation confers no title, whereas, once a mutation is challenged, the party that relies on such mutation(s) is bound to revert to the original transaction and to prove such original transaction which resulted in the entry or attestation of such mutation in dispute. [2024 CLS 28 = 2024 CLC 215]

— Exclusion of certain land from operation of the Act — Scope — Land means ground, field, open space, open area, landholding, country side, un-built land, rural area, green area, green belt, earth, dirt, clay, therefore, when there is nothing constructed on any piece of land on the solid portion of earth it is to be called as land, it might be used for the purpose of construction, cultivation or for forestation, therefore, the primary territory which Land Revenue Act, 1967 covers is non-constructed portion of earth for the purpose of assessment of land revenue, hence, any constructed portion stand excluded from the jurisdiction of Revenue officer for settlement of rights, especially in terms of Section 135 of the Act, which deals with the partition of any joint land and in terms of Section 136 of the Act there is restriction and limitation on partition — Similarly, Section 172 of the Act also excludes the jurisdiction of Civil Court vis-à-vis the jurisdiction of Revenue officer which only confers the jurisdiction of Revenue officer to those matters which are enumerated therein, however, any issue which relates to constructed portion and its dispute qua title is not within the jurisdiction of Revenue officer rather falls within the domain of Civil Court to be settled among the parties — Land Revenue Act, 1967 is not applicable to constructed building or site of town or village and if any area has been occupied for such purpose of commercial or residential nature same stand excluded from the purview of agriculture land.[2024 CLS 25 = 2024 CLC 125]

— Exclusion of certain land from operation of the Act — Scope — Land means ground, field, open space, open area, landholding, country side, un-built land, rural area, green area, green belt, earth, dirt, clay, therefore, when there is nothing constructed on any piece of land on the solid portion of earth it is to be called as land, it might be used for the purpose of construction, cultivation or for forestation, therefore, the primary territory which Land Revenue Act, 1967 covers is non-constructed portion of earth for the purpose of assessment of land revenue, hence, any constructed portion stand excluded from the jurisdiction of Revenue officer for settlement of rights, especially in terms of Section 135 of the Act, which deals with the partition of any joint land and in terms of Section 136 of the Act there is restriction and limitation on partition — Similarly, Section 172 of the Act also excludes the jurisdiction of Civil Court vis-à-vis the jurisdiction of Revenue officer which only confers the jurisdiction of Revenue officer to those matters which are enumerated therein, however, any issue which relates to constructed portion and its dispute qua title is not within the jurisdiction of Revenue officer rather falls within the domain of Civil Court to be settled among the parties — Land Revenue Act, 1967 is not applicable to constructed building or site of town or village and if any area has been occupied for such purpose of commercial or residential nature same stand excluded from the purview of agriculture land.[2024 CLS 25 = 2024 CLC 125]

— Exclusion of certain land from operation of the Act — Scope — Land means ground, field, open space, open area, landholding, country side, un-built land, rural area, green area, green belt, earth, dirt, clay, therefore, when there is nothing constructed on any piece of land on the solid portion of earth it is to be called as land, it might be used for the purpose of construction, cultivation or for forestation, therefore, the primary territory which Land Revenue Act, 1967 covers is non-constructed portion of earth for the purpose of assessment of land revenue, hence, any constructed portion stand excluded from the jurisdiction of Revenue officer for settlement of rights, especially in terms of Section 135 of the Act, which deals with the partition of any joint land and in terms of Section 136 of the Act there is restriction and limitation on partition — Similarly, Section 172 of the Act also excludes the jurisdiction of Civil Court vis-à-vis the jurisdiction of Revenue officer which only confers the jurisdiction of Revenue officer to those matters which are enumerated therein, however, any issue which relates to constructed portion and its dispute qua title is not within the jurisdiction of Revenue officer rather falls within the domain of Civil Court to be settled among the parties — Land Revenue Act, 1967 is not applicable to constructed building or site of town or village and if any area has been occupied for such purpose of commercial or residential nature same stand excluded from the purview of agriculture land.[2024 CLS 25 = 2024 CLC 125]

— Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue Officers — Scope — Section 172 relates to exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of revenue officer — S. 172(2)(vi) applies when there is no dispute with regard to the title and character of a property, but where there is factual controversy with regard to the title then the suit is competent and S. 172(2)(vi) would not bar the suit. [2024 CLS 24 = 2024 CLC 195]