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2022 CLC 433

2022 CLC 433
The law stipulates three essential requirements for transaction of a valid gift in one sitting. It is also settled law that any transaction of the land/property through gift which is alleged to have been made by practicing fraud and misrepresentation, the burden to prove its authenticity and validity always lies on the beneficiary who is required to produce the direct confidence inspiring evidence relating to fulfillment of basic ingredients of valid transaction of gift, i.e., offer, acceptance and delivery of possession. If anyone of these ingredients is found missing, it would be fatal for the claimant.

The Punjab Land Revenue Act, 1967, hereinafter to be referred as “the Act”, which was enacted to consolidate and amend the law relating to the making and maintenance of records-of-rights, the assessment and collection of land-revenue, the appointment and functions of Revenue Officers and other matters connected with the Land Revenue Administration in Province of the Punjab, laid down a comprehensive procedure for preparation of Record of Rights and Periodical Records. It is necessary and incumbent upon a person who by any mean including of gift, acquires any right in an estate as a land-owner to mandatorily report his acquisition of right to the Patwari of the estate within three months from the date of such acquisition who is bound to record the very fact in the Roznamcha as maintained by him in accordance with The Punjab Land Revenue Rules, 1968.

Mere perusal of Section 42 ibid shows that it is obligatory upon a person who acquires a right in the immovable property within an estate as a landowner by way of gift or otherwise to report this factum to the concerned Patwari within the time period of three months from the acquisition of such right, who is bound under the law to record the same in Roznamcha Waqiati. The importance and significance of entry in the Roznamcha Waqiati is clearly palpable from the fact that in the scheme of Revenue Administration under the Act, the factum of having acquired any interest as landowner in the land of a particular estate is firstly recorded in the Roznamcha. The culmination point in the form of sanctioned mutation is always an outcome of the initial entry duly recorded in the Roznamcha Waqiati by the Patwari and there is no other option except to follow the procedure provided under the Land Revenue Act, 1967.

Rule 34 of West Pakistan Land Revenue Rules also stipulates that Patwari is to maintain Roznamcha Waqiati (Daily Diary) under clause (a) of sub section (1) of section 42, in accordance with the Form XX, wherein five columns are provided to specifically state serial number, date, heading of entry, occurrence and remarks. In order to further ensure correctness and authenticity of the information recorded in the said Diary, Sub-Rule 3 also made it obligatory that the Patwari shall prefix to every entry, in the Roznamcha a separate serial number, in large and clear figures. Every entry shall be closed by an asterisk, and no blank line shall be left between two consecutive entries. It also stipulates that such orders and instructions as relate to rules of practice, shall be entered in red ink and the date of each day’s entries shall be given according to the official calendar.

Roznamcha Waqiati is the first document wherein the fact of acquiring any right and ownership in the immovable property through any mode, including of gift, is ought to be recorded as per statutory command of Section 42 of the Act and Rule 34 of the Rules respectively. If a person claims to have acquired ownership through gift in a land of an estate, then he is required to prove that his/her claim was duly brought before the Patwari to be recorded in the Roznamcha for subsequent entry of mutation and sanctioning thereof and then its ultimate incorporation in the Periodical Records of such an estate, failure of which seriously jeopardizes his/her claim and makes it non est.

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