ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.NO.D-809 of 2011.

DATE ORDER WITH SIGNATURE OF JUDGE

1. For order on office objection No.1 to 3 alongwith reply as flagged.

2. For katcha peshi.

3. For hearing of M.A.3641 of 2011.

4. For order on M.A. No.2950 of 2014.

5. For hearing of M.A. No.3721 of 2014.

06.05.2014.

Mr. Muhammad Arshad S. Pathan, advocate for the petitioners.

Mr. Allah Bachayo Soomro, Additional A.G.

Mr. Asghar Ali Parhiar, advocate files Vakalatnama on behalf of petitioner No.1, which is taken on record.

The predecessor-in-interest of the petitioners had filed F.C.Suit No.107 of 1997 in the Court of Senior Civil Judge, Badin. The same was decreed vide judgment dated 12.09.1998. (Copy of the judgment is annexed with the memo of instant petition as annexure-A). Thereafter, District Officer (Revenue) Badin vide his order dated 06.06.2003, passed on an application moved by one Ali Muhammad, observed as under:-

“ Heard parties at length. Perused relevant revenue record and also report of Mukhtiarkar (R) Badin.

Mr. Abdul Wahid on behalf of appellant present and stated that on the orders of Deputy Commissioner Badin and Honourable Court of Senior Civil Judge Badin the bogus entries were cancelled and land again came on the khata of Ghulam Muhammad such note is exist in Revenue Record. After that some unknown Tapedar has tampered with the record and managed false entries with fake signature of Mukh: and Tapedar. He requests that entire land already were restored by the Honourable Court hence subsequent false entries may be cancelled.

The opponent Muhammad Ibrahim Memon and Vijrah stated that they are unawared about the above transactions and they have not involved in fraud.

In view of the above facts and report of Mukhtiarkar (R) Badin it is crystal clear that the said entries are bogus false and managed by some one and hereby cancelled with the further directions that the entries previously restored by the defunct Deputy Commissioner Badin on the basis of Judgment & decree of the Court of learned Senior Civil Judge Badin be maintained in the Record of Rights. The Mukhtiarkar (R) Badin is directed to comply accordingly.”

Respondent No.5 has filed parawise comments. In his comments, respondent No.5 has stated as under:-

“Respondent No.5 has admitted para-3 of the petition, wherein the details of the land left by the predecessor-in-interest of the petitioners, is mentioned in the following term:

That the husband and the father of the petitioners namely Ghulam Muhammad S/o Allah Rakhio, having agriculture land bearing following survey numbers, situated in deh Panhwerki, Taluka and District Badin.

Entry No.	Name of Khatedar	Survey No.	Area	Share
138 VF-VII	Haji Ghulam Mohd Memon	44	2-31	1-00
139 VF-VII	Haji Ghulam Mohd Memon	262	1-25	1-00
211 DK Reg;	Haji Ghulam Mohd Memon	23 45 43 41	3-27 5-29 3-29 5-00	1-00 1-00 0-60 0-25
13 VF-VII-A	Haji Ghulam Mohd Memon	260 261	2-35 3-30	1-00 1-00
		Total	22-18

In reply to para-5, respondent No.5 stated as under:-

“It is fact that the khata reverted back in the name of Late Ghulam Muhammad, the father and husband of petitioner”.

In reply to para-8 of the petition, it is stated that:

“A note at entry No.19 dated 22-06-97 of VF-VII-B of deh Panhwerki about restoration of property in favour of original alienator Ghulam Muhammad S/o Allah Rakhio Memon in respect of survey No.45, 44 & 41 admeasuring 16-20 acres recorded on the basis of order No.RB/3316 dated: 02-10-98 in the light of decision passed by the Senior Civil Judge Badin in F.C. Suit No.107/1997.”

In view of the judgment and decree passed by the Senior Civil Judge, Badin in F.C.Suit No.107/1997, which have not been challenged by any of the respondents and the order passed by the District Officer (Revenue) Badin, referred to above, respondent No.5 / Mukhtiarkar Taluka Badin is directed to mutate / transfer the entries in the names of the petitioners and submit compliance report to this Court within a period of thirty (30) days from today through Additional Registrar of this Court.

Petition stands disposed of in the above terms.

JUDGE