Appeal under Land Revenue Act
Q. Discuss the "law of appeal" as given in the West Pakistan land revenue act, 1967. (2003)
1. Introduction:
The law of appeal under land revenue act is very simple. A person who is party to the order can file appeal. He should state whole of his case before appellate court.
2. Relevant provisions:
Sections 161 and 162 of land revenue act 1967.
3. Meaning:
Osborn's concise law dictionary:
Any proceeding taken to rectify an erroneous decision of a court by bringing it before a high court.
4. Definition of appeal:
Case law PLJ 1985, 164
It is removal of cause from an inferior court to a superior one for purpose of testing the soundness of the decision of the inferior court.
5. Basis:
Law of appeal is based on the following maxim.
"Interest republican Sir Finis Litium". (Interest Reipublicae Ut Sit Finis Litium) in the interest of society as a whole, litigation must come to an end.
Is the duty of the state and its functionaries to ensure redress of grievances and minimization of litigation?
6. Appeals:
According to Sec. 161
(i) Save as otherwise provided by this act, an appeal shall lie from an original or appellate order of a revenue officer as follows namely.
(a) To the collector, when the order is made by an assistant of either grade.
(b) To the commissioner, when the order is made by a collector.
(c) To the board of revenue only on a point of law, when the order is made by a commissioner.
Provided that
(i) When an original order is conformed of first appeal, a further appeal shall not lie.
(ii) When any such order is modified or reversed on appeal by the collector, the order made by the executive district officer revenue, on further appeal, if any to him shall be final.
(i) Case law
PLD 1950 Pb. (Rev) 1090
It was held that it is the duty of the party to state the whole of his case as the new matters can hardly be introduced in appellate court.
7. Limitation for appeal:
According to Sec. 162 of the land revenue act the period of limitation for an appeal under Sec. 161 shall run from the date of the order appealed against and shall be.
(i) Thirty days, where the appeal lies to the collector.
(ii) Sixty days, where the appeal lies to the commissioner.
(iii) Ninety day where the appeal lies to the board of revenue.
PLD 1950 Rev. 560
Limitation starts from the day on which the order appealed against was pronounced and not from the date on which the appellant came to know of it even through it was pronounced in his absence.
8. Application of limitation act:
Limitation act is applicable to the matters regarding appeal under land revenue act 1967 and delay can be condoned under Sec. 5 of the limitation act.
9. Delay in filing appeal:
Court is duty bound to take cognizance of delay even if limitation is not set up as a defense by any party. In the absence of any satisfactory explanation for delay in filing appeal, court is not justified to condone the delay.
10. Conclusion:
To conclude I can say that appeal is continuation of the original proceeding. The original orders passes by assistant collector are appealable to the collector and so on. The limitation act is applicable to the limitation prescribed in the Sec. 162 of the land revenue act 1967.
Arbitration under Land Revenue Act
Q. Which matters can a revenue officer refer to arbitration without the consent of the parties to dispute before him? What are the essential contents of the order of reference in such a case? (1998)
Q. Can every matter be referred for arbitration without consent of the parties? Does arbitration act 1940 apply to revenue matters under land revenue act? (1999)
Q. Write a detailed note on arbitration in revenue matters. (2002)
1. Introduction:
Arbitration is a process in which a dispute between parties is settled by a third person who is known as arbitrator under revenue act arbitrator can be appointed with the consent of the parties or without the consent of the parties. The decision of arbitrator is called "AWARD.” the decision of proceeding under the land revenue act 1967 is different from the arbitration act 1940.
2. Relevant provision:
Section 151, 153, 154, 158, 159 land revenue act 1967.
3. Meaning of review:
Oxford dictionary:
Review means general survey inspection reconsideration etc. etc.
Concise oxford dictionary:
"It means to determine or to settle a dispute."
4. Power to refer to arbitration:
Power to refer to arbitration is exercised in the following ways:
(i) With the consent of parties.
(ii) Without the consent of parties.
I. With the consent of parties:
Any revenue office may with the consent of parties refer to arbitration a dispute arising before him.
II Without the consent of parties:
A collector or any assistant collector of the first grade may without the consent of the parties refer to arbitration.
(A) Cases which can be referred without consent of the parties:
(i) Any matter of which an entry is to made in any record of register under chapter VI.
(ii) Any matter relation to distribution of an assessment under section 67.
(iii) The limits of any estate or of any holding field or other portion of an estate.
(iv) The property to be divided at a partition or the mode of making partition.
5. Order of reference and contents thereof:
In referring a dispute to arbitration a revenue office shall make order of reference and specify therein the precise matter submitted to arbitration to number of arbitrations which each part to the dispute is to nominate the period within which the arbitrators are to be nominated and the period within which the award is to be delivered. The number of the arbitrators which each party may nominate must be the same and not exceed two. if form any cause arbitrators are not nominated or an award is not delivered within the period fixed for in the order of reference the revenue officer may from time to time extend that period or may cancel the order of reference.
6. Nomination of arbitrators:
If an arbitrator nominated by a party dies desires to be discharged or refuses to become incapable to act the part may nominate another person in his stead.
7. Award of the arbitration:
The award of arbitral proceeding will be made by the arbitrators unanimously but in case any one of them dissents form the award be will have to record the causes of dissention.
8. Procedure on presentation of award:
When the award has been received, the revenue officer shall fix a day for the consideration of award and on such date he will hear the objection if any by the parties.
9. Effect of award:
The revenue officer may.
(i) Accept or
(ii) Reject
(iii) Modify the award received by him.
(i) Conditions:
The revenue officer shall record his reason for doing so in his decision respecting the dispute which was referred to arbitration.
(ii) Appeal:
An appeal shall lie from the decision of the revenue officer as if arbitrators had not been appointed.
10. Application of arbitration act 1940 to revenue matters:
The arbitration act 1940, does not apply to the revenue matters.
11. Conclusion:
To conclude I can say that a dispute between parties can be settled by a person who is called arbitrator. Which is presented to the revenue officer. He may reject modify or accept the award which is given by the arbitrator. The provisions of the arbitration act 1940 is not applicable to the arbitration proceedings under the land revenue act.
Partition of Land.
Q. Who may apply for partition of land? Are there some restriction imposed on partition. (1999)(2000)
Q. Discuss systematically the different steps during "partition proceedings" of agricultural land. (2003)
Q. Who may apply for partition of joint holding? (2005)
Q. Who can apply for partition of "joint holding" what is the procedure prescribed under law processing such application. (2006)
1. Introduction:
Any joint owner of land or joint owner of tenancy can make application for partition of holding. The application for the partition of land is filed before the land revenue officer. A person who has no share in land cannot file suit of partition of the land.
2. Relevant provision:
Sec. 135 to 150 land revenue act 1967.
3. Application for partition of land:
According to Sec. 135 any joint owner of land may apply to a revenue officer for partition of his share in the land.
Case law PLD 1955 PUN (Rev) 503.
Where a decree has been passed by the civil court, the revenue court should effect partition on the exact basis of the decree.
(i) Conditions for filing application:
(a) At the date of application the share is recorded under Chapter VI as belonging to him or.
(b) His right to the share has been established by a decree which is still subsisting as that date or.
(c) A written acknowledgement of that right has been executed by all persons interested in the admission or denial thereof.
(ii) Position of mortgagee:
AIR 1938 LAH. 615
It was held a mortgagee cannot enforce partition in any manner because he is not the owner.
(iii) Position of a widow:
PLD 1975 WP LAH. 447
It was held a widow holding land for her life in lieu of maintenance is a "land owner" and therefore, an "owner of land" she is therefore entitled to apply for the partition of land.
4. Restriction and limitation on partition:
Following are restriction and limitations on partition.
(i) Worship places and grave yard held in common before partition shall continue to be so held after partition.
(ii) Any embankment, water course, well or tank and any land on which the supply of water depends.
(iii) Any grazing field.
(iv) Any land which is occupied as the site of a town or village may be refused for partition if in the opinion of the land revenue officer it shall cause hardships to the co- sharers on other persons directly or indirectly.
5. Procedure of partition by the revenue officer:
The revenue officer shall adopt the following procedure.
(i) Notice of application:
Revenue officer shall send notice to the relevant parties and fixed time for hearing.
(ii) Addition of party:
If any party desire to become party he can apply and revenue officer shall add him as an applicant for partition.
(iii) Disallowance of partition:
If revenue office deems fit that there are sufficient grounds for disallowance of partition, he may reject the application for partition.
(iv) Procedure on admission of application:
If application is admitted, the revenue officer shall desecration the questions if any in dispute between any of the person interested distinguishing between.
(a) Question as to the title in property of which partition is sought.
(b) Question as to the property to be divided for the mode of making the partition.
Procedure of Mutation
Q. What procedure is adopted by the revenue officer for attesting a mutation? (2002)
Q. What is mutation how it is attested? (2004)
Q. How and on what occasion, or occasions, a mutation is affected. Does mutation confer right of ownership? If not what is its purpose. (1998)
1. Introduction:
Mutation is change or alteration of any entry in the revenue records. The Patwari keeps up a register of mutation in which he records all the acquisition of rights reported to him. The mutation register consists of a counterfoil and foil. The entries in the mutation have evidentiary value. the patwari enters name of new person in register of mutation in place of the old person.
2. Relevant provisions:
Sec. 42 land revenue act 1967.
3. Meaning of mutation:
Concise Oxford dictionary:
The process or an instance of change or alteration.
4. Object of mutation:
The main object of mutation is to keep the revenue records up to date so that Government be knowing about the owners of the land.
5. Significance of mutation:
(i) Up to date record is kept and maintained.
(ii) Right of owners are protected and safeguarded.
(iii) Better administration is done by the revenue authorities.
(iv) For the recovery of arrears of the land revenue.
(v) Presumptive piece of evidence.
6. When mutation is entered by the Patwari:
Mutation is entered by the patwari on the following circumstance.
Any person who acquires.
I. In an estate by
(i) Inheritance.
(ii) Mortgage.
(iii) Purchase.
(iv) Gift.
II. Any right in the estate as a land owner or as a tenant for a fixed term exceeding one year.
7. Procedure of mutation:
The procedure of entering mutation is an under.
(i) Report to Patwari:
A person acquiring a right by inheritance, purchase, mortgage, gift or otherwise is bound to report the patwari about the acquisition.
(ii) Duty of Patwari:
Patwari shall record such report in his daily diary and furnishes a copy of this record to.
(i) The person making the report and.
(ii) Union committee of the concerned area.
(a) Time period:
Patwari shall send the above copies within a week.
(iii) Failure of patwari to enter mutation:
If Patwari fails to enter mutation the person who has been refused can make report to the following.
(i) Revenue officer concerned.
(ii) Nazim of the union council or town committee of his area.
(a) Condition:
(i) Report must be in writing.
(ii) It must be sent by registered post acknowledgement due.
8. Procedure of attestation by the revenue officer:
The revenue officer is liable to check the correctness of all the entries entered the record of rights. The revenue officer shall attest the mutation in the presence of the person whose right has been acquired.
(i) Exceptions:
(A) In case of inheritance.
(b) Acquisition by the registered deed.
(c) In case of decree by the civil court.
(ii) Identification:
Such person shall be identified by two respectable person preferably from lambardar or members of the union committee, union council, or town committee.
(a) Condition:
Signatures or thumb impression shall be obtained by the revenue officer on the register of mutation.
(iii) Place of inquiry:
The inquiry into mutation or order proceedings as for as possible should be conducted in the village where the land with reference to with the mutation is to be effected is situated.
(iv) Order of the revenue officer:
The order shall be made by the revenue officer, regarding acquisition of any right, and entry shall be made in the periodical record.
(a) Time period:
The revenue officer shall make order within three months from the date of entry in the mutation register.
(b) Gist of the order to be send:
The gist of the order by the revenue office shall be send to the person whose right has been acquired and also to the union committee, union council, or town committee in which the estate is situated.
(c) If the order is not made in time:
If the order by the revenue office is not made within 3 months he shall explain the cause of delay to the collector in the prescribed manner.
(d) Nature of inquiry:
PLD 1950 Rev. 1189:
The inquiry by the revenue officer is of summary nature therefore all complicated matters should be left to be decided by a competent court.
9. Does mutation confer right of ownership:
The provision of Sec. 42 of the land revenue are mandatory in nature and violation thereof shall be considered as unlawful. Mutation is not a deed of title. The primary purpose of entering mutation is the collection of revenue by the Govt. the mutation proceeding do not determine the rights of the parties. It only shifts the onus of proof and not settle the question of title.
Case law 1990 MLD 89:
Mutation in revenue record does not lay the foundation of a title in as neither judicial proceeding nor designed to create title. The mutation can be used as an item of evidence in support of a transaction under the mutation proceeding.
10. Mutation after the death of party:
Mutation can be sustained even after the death of the party if transactions was completed before the death of a party.
Case law
2004 YLR (1201)
It was held that the revenue officer has no jurisdiction to determine the title of the parties while sanctioning the mutation.
11. Conclusion:
To conclude I can say that mutation is the change of name in the land revenue record. It does not create rights of title in respect of property and no one can get vested right on the basis of entering mutation. The revenue authorities sanction mutation in order to keep their record up to date.
Appointment of Lambardar
The right to be appointed as lambardar is not vested right. Any person can be selected for the appointement as lambardar in an estate by the revenuw authorities.
Matter to be considered in First Appointment of Lambardar
Hereditary Claim: In the first appointment of lambardar the hereditary claim is to considered by the relevant authoruities .Once herediatqry claim is not raised it cannot be pleaded again.
Property in Estate: Extent of property in the estate, if there are no subdivisions fo the estate the extent of the peoperty in subdividion for ehsich is to be mase possessed by the candidate.
Services of candidate or his family for country and nation:
DUTIES OF LAMBARDAR
1. Introduction:
The headman of a village is called Lambardar. He is appointed by the executive district officer in a village. Lambardar has to collect and supervise the collection of revenue of an estate. He is the representative of the people of an estate and a link between the government and public. Sufficient number of Lambardars are appointed by the government to every estate for the collection of the land revenue and other administrative functions.
2. Definition:
According to Sec. 4(28)
"A village officer means any person appointed under this act whose duty is to collect, or to supervise the collection of the revenue of an estate and includes Kaungos, Patwaris, Zabtis, Kotars or Tapedars or peons, Arbabs, Rais “.
3. Classification of village officers:
The village officers may be categorized as under.
(i) Headman or Lambardar.
(ii) Kanugoes
(iii) Patwari.
(iv) Zabtis.
(v) Kotars.
(vi) Tapeders peon.
(vii) Arbabs
(viii) Rais.
4. Duties of Lambardar:
The duties of Lambardar:
1. Collection of revenue:
The primary duty of lambardar is collection of land revenue according to the rates of revenue imposed upon the land by board of revenue. All the sums recoverable other than land revenue are also collected by the lambardar.
2. Collection of rents and profit:
The lambardar has to collect rents from tenants.
3. Rendition of accounts:
The lambardar has to render accounts to the persons entitled there to.
4. Receipt of payment:
It is the duty of lambardar to acknowledge every payment by issuing a receipt thereof.
5. Defrayment of joint expenses of the estate:
It is the duty of lambardar to defray joint expenses of the estate and maintain its accounts.
6. Obedience of orders of superior revenue officers:
It is the duty of lambardar to obey all the orders of the collector of district.
7. Assistance to revenue officers:
It is the duty of lambardar to assist the revenue officers in concerned areas.
8. Information about commission of crimes:
Lambardar has to inform about the commission of crime to the government.
9. Establishment of cordiality among co- villagers:
Lambardar has to make all reasonable efforts to establish cordiality among the co- villagers of an estate.
10. Report regarding encroachment:
11. Lambardar has to report all encroachment made by the people on roads and streets to the tehsildar.
12. Report regarding losses and damages:
Lambardar has to report to the government about any damage to the property of the government.
13. Report regarding death:
Lambardar has to make report to concerned officer about the death of any land holder in an estate.
14. Report regarding diseases:
LAMBARDAR has to make report to patwari in respect of outbreak of the diseases among animal.
15. Report of anti-social activities:
He is duty bound to report the government about anti-social activities happening in his estate.
16. Assistance to govt. officers:
It is the duty of lambardar to render all possible help to the officers of the government who may happen to be in his revenue estate for executing government public work.
17. Assistance to postman:
It is the duty of village officer to help postman of the village in case of need.
18. Care of Government Properties:
The village officer should take care of the Government Properties.
19. Any other duty:
He has to perform any duties assigned to him by the government temporarily or permanently.
5. Conclusion:
To conclude I can say that lambardar is a village officer in can estate. He has to perform important duties assigned by him by the government. His primary duty is to collect land revenue.
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Q. Discuss the "law of appeal" as given in the West Pakistan land revenue act, 1967. (2003)
1. Introduction:
The law of appeal under land revenue act is very simple. A person who is party to the order can file appeal. He should state whole of his case before appellate court.
2. Relevant provisions:
Sections 161 and 162 of land revenue act 1967.
3. Meaning:
Osborn's concise law dictionary:
Any proceeding taken to rectify an erroneous decision of a court by bringing it before a high court.
4. Definition of appeal:
Case law PLJ 1985, 164
It is removal of cause from an inferior court to a superior one for purpose of testing the soundness of the decision of the inferior court.
5. Basis:
Law of appeal is based on the following maxim.
"Interest republican Sir Finis Litium". (Interest Reipublicae Ut Sit Finis Litium) in the interest of society as a whole, litigation must come to an end.
Is the duty of the state and its functionaries to ensure redress of grievances and minimization of litigation?
6. Appeals:
According to Sec. 161
(i) Save as otherwise provided by this act, an appeal shall lie from an original or appellate order of a revenue officer as follows namely.
(a) To the collector, when the order is made by an assistant of either grade.
(b) To the commissioner, when the order is made by a collector.
(c) To the board of revenue only on a point of law, when the order is made by a commissioner.
Provided that
(i) When an original order is conformed of first appeal, a further appeal shall not lie.
(ii) When any such order is modified or reversed on appeal by the collector, the order made by the executive district officer revenue, on further appeal, if any to him shall be final.
(i) Case law
PLD 1950 Pb. (Rev) 1090
It was held that it is the duty of the party to state the whole of his case as the new matters can hardly be introduced in appellate court.
7. Limitation for appeal:
According to Sec. 162 of the land revenue act the period of limitation for an appeal under Sec. 161 shall run from the date of the order appealed against and shall be.
(i) Thirty days, where the appeal lies to the collector.
(ii) Sixty days, where the appeal lies to the commissioner.
(iii) Ninety day where the appeal lies to the board of revenue.
PLD 1950 Rev. 560
Limitation starts from the day on which the order appealed against was pronounced and not from the date on which the appellant came to know of it even through it was pronounced in his absence.
8. Application of limitation act:
Limitation act is applicable to the matters regarding appeal under land revenue act 1967 and delay can be condoned under Sec. 5 of the limitation act.
9. Delay in filing appeal:
Court is duty bound to take cognizance of delay even if limitation is not set up as a defense by any party. In the absence of any satisfactory explanation for delay in filing appeal, court is not justified to condone the delay.
10. Conclusion:
To conclude I can say that appeal is continuation of the original proceeding. The original orders passes by assistant collector are appealable to the collector and so on. The limitation act is applicable to the limitation prescribed in the Sec. 162 of the land revenue act 1967.
Arbitration under Land Revenue Act
Q. Which matters can a revenue officer refer to arbitration without the consent of the parties to dispute before him? What are the essential contents of the order of reference in such a case? (1998)
Q. Can every matter be referred for arbitration without consent of the parties? Does arbitration act 1940 apply to revenue matters under land revenue act? (1999)
Q. Write a detailed note on arbitration in revenue matters. (2002)
1. Introduction:
Arbitration is a process in which a dispute between parties is settled by a third person who is known as arbitrator under revenue act arbitrator can be appointed with the consent of the parties or without the consent of the parties. The decision of arbitrator is called "AWARD.” the decision of proceeding under the land revenue act 1967 is different from the arbitration act 1940.
2. Relevant provision:
Section 151, 153, 154, 158, 159 land revenue act 1967.
3. Meaning of review:
Oxford dictionary:
Review means general survey inspection reconsideration etc. etc.
Concise oxford dictionary:
"It means to determine or to settle a dispute."
4. Power to refer to arbitration:
Power to refer to arbitration is exercised in the following ways:
(i) With the consent of parties.
(ii) Without the consent of parties.
I. With the consent of parties:
Any revenue office may with the consent of parties refer to arbitration a dispute arising before him.
II Without the consent of parties:
A collector or any assistant collector of the first grade may without the consent of the parties refer to arbitration.
(A) Cases which can be referred without consent of the parties:
(i) Any matter of which an entry is to made in any record of register under chapter VI.
(ii) Any matter relation to distribution of an assessment under section 67.
(iii) The limits of any estate or of any holding field or other portion of an estate.
(iv) The property to be divided at a partition or the mode of making partition.
5. Order of reference and contents thereof:
In referring a dispute to arbitration a revenue office shall make order of reference and specify therein the precise matter submitted to arbitration to number of arbitrations which each part to the dispute is to nominate the period within which the arbitrators are to be nominated and the period within which the award is to be delivered. The number of the arbitrators which each party may nominate must be the same and not exceed two. if form any cause arbitrators are not nominated or an award is not delivered within the period fixed for in the order of reference the revenue officer may from time to time extend that period or may cancel the order of reference.
6. Nomination of arbitrators:
If an arbitrator nominated by a party dies desires to be discharged or refuses to become incapable to act the part may nominate another person in his stead.
7. Award of the arbitration:
The award of arbitral proceeding will be made by the arbitrators unanimously but in case any one of them dissents form the award be will have to record the causes of dissention.
8. Procedure on presentation of award:
When the award has been received, the revenue officer shall fix a day for the consideration of award and on such date he will hear the objection if any by the parties.
9. Effect of award:
The revenue officer may.
(i) Accept or
(ii) Reject
(iii) Modify the award received by him.
(i) Conditions:
The revenue officer shall record his reason for doing so in his decision respecting the dispute which was referred to arbitration.
(ii) Appeal:
An appeal shall lie from the decision of the revenue officer as if arbitrators had not been appointed.
10. Application of arbitration act 1940 to revenue matters:
The arbitration act 1940, does not apply to the revenue matters.
11. Conclusion:
To conclude I can say that a dispute between parties can be settled by a person who is called arbitrator. Which is presented to the revenue officer. He may reject modify or accept the award which is given by the arbitrator. The provisions of the arbitration act 1940 is not applicable to the arbitration proceedings under the land revenue act.
Partition of Land.
Q. Who may apply for partition of land? Are there some restriction imposed on partition. (1999)(2000)
Q. Discuss systematically the different steps during "partition proceedings" of agricultural land. (2003)
Q. Who may apply for partition of joint holding? (2005)
Q. Who can apply for partition of "joint holding" what is the procedure prescribed under law processing such application. (2006)
1. Introduction:
Any joint owner of land or joint owner of tenancy can make application for partition of holding. The application for the partition of land is filed before the land revenue officer. A person who has no share in land cannot file suit of partition of the land.
2. Relevant provision:
Sec. 135 to 150 land revenue act 1967.
3. Application for partition of land:
According to Sec. 135 any joint owner of land may apply to a revenue officer for partition of his share in the land.
Case law PLD 1955 PUN (Rev) 503.
Where a decree has been passed by the civil court, the revenue court should effect partition on the exact basis of the decree.
(i) Conditions for filing application:
(a) At the date of application the share is recorded under Chapter VI as belonging to him or.
(b) His right to the share has been established by a decree which is still subsisting as that date or.
(c) A written acknowledgement of that right has been executed by all persons interested in the admission or denial thereof.
(ii) Position of mortgagee:
AIR 1938 LAH. 615
It was held a mortgagee cannot enforce partition in any manner because he is not the owner.
(iii) Position of a widow:
PLD 1975 WP LAH. 447
It was held a widow holding land for her life in lieu of maintenance is a "land owner" and therefore, an "owner of land" she is therefore entitled to apply for the partition of land.
4. Restriction and limitation on partition:
Following are restriction and limitations on partition.
(i) Worship places and grave yard held in common before partition shall continue to be so held after partition.
(ii) Any embankment, water course, well or tank and any land on which the supply of water depends.
(iii) Any grazing field.
(iv) Any land which is occupied as the site of a town or village may be refused for partition if in the opinion of the land revenue officer it shall cause hardships to the co- sharers on other persons directly or indirectly.
5. Procedure of partition by the revenue officer:
The revenue officer shall adopt the following procedure.
(i) Notice of application:
Revenue officer shall send notice to the relevant parties and fixed time for hearing.
(ii) Addition of party:
If any party desire to become party he can apply and revenue officer shall add him as an applicant for partition.
(iii) Disallowance of partition:
If revenue office deems fit that there are sufficient grounds for disallowance of partition, he may reject the application for partition.
(iv) Procedure on admission of application:
If application is admitted, the revenue officer shall desecration the questions if any in dispute between any of the person interested distinguishing between.
(a) Question as to the title in property of which partition is sought.
(b) Question as to the property to be divided for the mode of making the partition.
Procedure of Mutation
Q. What procedure is adopted by the revenue officer for attesting a mutation? (2002)
Q. What is mutation how it is attested? (2004)
Q. How and on what occasion, or occasions, a mutation is affected. Does mutation confer right of ownership? If not what is its purpose. (1998)
1. Introduction:
Mutation is change or alteration of any entry in the revenue records. The Patwari keeps up a register of mutation in which he records all the acquisition of rights reported to him. The mutation register consists of a counterfoil and foil. The entries in the mutation have evidentiary value. the patwari enters name of new person in register of mutation in place of the old person.
2. Relevant provisions:
Sec. 42 land revenue act 1967.
3. Meaning of mutation:
Concise Oxford dictionary:
The process or an instance of change or alteration.
4. Object of mutation:
The main object of mutation is to keep the revenue records up to date so that Government be knowing about the owners of the land.
5. Significance of mutation:
(i) Up to date record is kept and maintained.
(ii) Right of owners are protected and safeguarded.
(iii) Better administration is done by the revenue authorities.
(iv) For the recovery of arrears of the land revenue.
(v) Presumptive piece of evidence.
6. When mutation is entered by the Patwari:
Mutation is entered by the patwari on the following circumstance.
Any person who acquires.
I. In an estate by
(i) Inheritance.
(ii) Mortgage.
(iii) Purchase.
(iv) Gift.
II. Any right in the estate as a land owner or as a tenant for a fixed term exceeding one year.
7. Procedure of mutation:
The procedure of entering mutation is an under.
(i) Report to Patwari:
A person acquiring a right by inheritance, purchase, mortgage, gift or otherwise is bound to report the patwari about the acquisition.
(ii) Duty of Patwari:
Patwari shall record such report in his daily diary and furnishes a copy of this record to.
(i) The person making the report and.
(ii) Union committee of the concerned area.
(a) Time period:
Patwari shall send the above copies within a week.
(iii) Failure of patwari to enter mutation:
If Patwari fails to enter mutation the person who has been refused can make report to the following.
(i) Revenue officer concerned.
(ii) Nazim of the union council or town committee of his area.
(a) Condition:
(i) Report must be in writing.
(ii) It must be sent by registered post acknowledgement due.
8. Procedure of attestation by the revenue officer:
The revenue officer is liable to check the correctness of all the entries entered the record of rights. The revenue officer shall attest the mutation in the presence of the person whose right has been acquired.
(i) Exceptions:
(A) In case of inheritance.
(b) Acquisition by the registered deed.
(c) In case of decree by the civil court.
(ii) Identification:
Such person shall be identified by two respectable person preferably from lambardar or members of the union committee, union council, or town committee.
(a) Condition:
Signatures or thumb impression shall be obtained by the revenue officer on the register of mutation.
(iii) Place of inquiry:
The inquiry into mutation or order proceedings as for as possible should be conducted in the village where the land with reference to with the mutation is to be effected is situated.
(iv) Order of the revenue officer:
The order shall be made by the revenue officer, regarding acquisition of any right, and entry shall be made in the periodical record.
(a) Time period:
The revenue officer shall make order within three months from the date of entry in the mutation register.
(b) Gist of the order to be send:
The gist of the order by the revenue office shall be send to the person whose right has been acquired and also to the union committee, union council, or town committee in which the estate is situated.
(c) If the order is not made in time:
If the order by the revenue office is not made within 3 months he shall explain the cause of delay to the collector in the prescribed manner.
(d) Nature of inquiry:
PLD 1950 Rev. 1189:
The inquiry by the revenue officer is of summary nature therefore all complicated matters should be left to be decided by a competent court.
9. Does mutation confer right of ownership:
The provision of Sec. 42 of the land revenue are mandatory in nature and violation thereof shall be considered as unlawful. Mutation is not a deed of title. The primary purpose of entering mutation is the collection of revenue by the Govt. the mutation proceeding do not determine the rights of the parties. It only shifts the onus of proof and not settle the question of title.
Case law 1990 MLD 89:
Mutation in revenue record does not lay the foundation of a title in as neither judicial proceeding nor designed to create title. The mutation can be used as an item of evidence in support of a transaction under the mutation proceeding.
10. Mutation after the death of party:
Mutation can be sustained even after the death of the party if transactions was completed before the death of a party.
Case law
2004 YLR (1201)
It was held that the revenue officer has no jurisdiction to determine the title of the parties while sanctioning the mutation.
11. Conclusion:
To conclude I can say that mutation is the change of name in the land revenue record. It does not create rights of title in respect of property and no one can get vested right on the basis of entering mutation. The revenue authorities sanction mutation in order to keep their record up to date.
Appointment of Lambardar
The right to be appointed as lambardar is not vested right. Any person can be selected for the appointement as lambardar in an estate by the revenuw authorities.
Matter to be considered in First Appointment of Lambardar
Hereditary Claim: In the first appointment of lambardar the hereditary claim is to considered by the relevant authoruities .Once herediatqry claim is not raised it cannot be pleaded again.
Property in Estate: Extent of property in the estate, if there are no subdivisions fo the estate the extent of the peoperty in subdividion for ehsich is to be mase possessed by the candidate.
Services of candidate or his family for country and nation:
DUTIES OF LAMBARDAR
1. Introduction:
The headman of a village is called Lambardar. He is appointed by the executive district officer in a village. Lambardar has to collect and supervise the collection of revenue of an estate. He is the representative of the people of an estate and a link between the government and public. Sufficient number of Lambardars are appointed by the government to every estate for the collection of the land revenue and other administrative functions.
2. Definition:
According to Sec. 4(28)
"A village officer means any person appointed under this act whose duty is to collect, or to supervise the collection of the revenue of an estate and includes Kaungos, Patwaris, Zabtis, Kotars or Tapedars or peons, Arbabs, Rais “.
3. Classification of village officers:
The village officers may be categorized as under.
(i) Headman or Lambardar.
(ii) Kanugoes
(iii) Patwari.
(iv) Zabtis.
(v) Kotars.
(vi) Tapeders peon.
(vii) Arbabs
(viii) Rais.
4. Duties of Lambardar:
The duties of Lambardar:
1. Collection of revenue:
The primary duty of lambardar is collection of land revenue according to the rates of revenue imposed upon the land by board of revenue. All the sums recoverable other than land revenue are also collected by the lambardar.
2. Collection of rents and profit:
The lambardar has to collect rents from tenants.
3. Rendition of accounts:
The lambardar has to render accounts to the persons entitled there to.
4. Receipt of payment:
It is the duty of lambardar to acknowledge every payment by issuing a receipt thereof.
5. Defrayment of joint expenses of the estate:
It is the duty of lambardar to defray joint expenses of the estate and maintain its accounts.
6. Obedience of orders of superior revenue officers:
It is the duty of lambardar to obey all the orders of the collector of district.
7. Assistance to revenue officers:
It is the duty of lambardar to assist the revenue officers in concerned areas.
8. Information about commission of crimes:
Lambardar has to inform about the commission of crime to the government.
9. Establishment of cordiality among co- villagers:
Lambardar has to make all reasonable efforts to establish cordiality among the co- villagers of an estate.
10. Report regarding encroachment:
11. Lambardar has to report all encroachment made by the people on roads and streets to the tehsildar.
12. Report regarding losses and damages:
Lambardar has to report to the government about any damage to the property of the government.
13. Report regarding death:
Lambardar has to make report to concerned officer about the death of any land holder in an estate.
14. Report regarding diseases:
LAMBARDAR has to make report to patwari in respect of outbreak of the diseases among animal.
15. Report of anti-social activities:
He is duty bound to report the government about anti-social activities happening in his estate.
16. Assistance to govt. officers:
It is the duty of lambardar to render all possible help to the officers of the government who may happen to be in his revenue estate for executing government public work.
17. Assistance to postman:
It is the duty of village officer to help postman of the village in case of need.
18. Care of Government Properties:
The village officer should take care of the Government Properties.
19. Any other duty:
He has to perform any duties assigned to him by the government temporarily or permanently.
5. Conclusion:
To conclude I can say that lambardar is a village officer in can estate. He has to perform important duties assigned by him by the government. His primary duty is to collect land revenue.
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