LAHORE: A co-owner has failed to prove his right of pre-emption because the copy of Jamabandi produced for the relevant year was not containing his name as co-owner in the owner column, said sources from the Punjab Land Revenue department.
They have pointed out that the Register Haqdaran Zameen/Jamabandi form has 10 columns. It is prepared after every four years. The name of owners is mentioned in Column No. 3.
The owners can transfer a property through mutation. During the four years transfer of property through mutation continues by the persons mentioned as owners in Column No. 3. Every entry of mutation is endorsed in this document.
The person who intends to acquire rights in the property mentioned in the ownership column of this document is required to report the matter to the Patwari Halqa concerned who records events in his Roznamcha and that Roznamcha is maintained serial-wise and a date of event is mentioned on each Roznamcha. After recording the event in the Roznamcha the Patwari enters a mutation on the basis of the Roznamcha. After recording mutation the reference of mutation number is made in this document with a pencil and after the attestation of the mutation the noting of pencil is replaced with noting through red ink.
This practice continues for four years and on 30th June after every four years all the mutations attested during the said four years are implemented in the column of ownership and the mutation number mentioned through red ink in Column No. 10 are replaced with black ink, which remains there for four years and the same are removed after completion of four years.
If the existing owner sells whole of his property, his name is removed, otherwise, the share he sells to that extent the new owner becomes owner to the extent of purchase of share in the column of ownership. Same is the procedure of correction of revenue record through Fard Badar.
According to sources, presumption of correctness is attached only to the column of ownership and of possession of right and no such presumption is attached to the column of Lagan or Khana Kafiyat or Register of Records of Rights/Jamabandi. Since the name of the pre-emptor was mentioned in Khana Kafiyat, and not in owner column, therefore, he was deprived of claiming pre-emption by the relevant authorities.
Copyright Business Recorder, 2024
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