INTRODUCTION Rescission means cancellation of the contract by mutual consent. The basic purpose and intent of the Equity Court is to grant maximum relief to the sufferer. When any contract is made through fraud, undue influence, coercion, mistake, or misrepresentation, it is voidable. All these contracts are rescindable. The Court may grant the relief of … Read more
INTRODUCTION The record of rights is a collection of various revenue papers regarding an estate. Records of rights provide various information about a particular land. The assessment of land revenue payable, and disputes regarding land are determined in the light of determination Inland matters, the presumption of truth attached to the entries in the record … Read more
INTRODUCTION Cancellation means to cancel any instrument. The relief granted by the Court is discretionary and just in nature in the cases of cancellation of the instrument. The documents create the right upon certain movable and immovable property. The instruments and deeds which are void or voidable may be cancelled by the Court upon filling … Read more
INTRODUCTION Any joint owner of land or joint owner of tenancy can make an application for partition of holding. The application for the partition of land is filed before the Land Revenue Officer. So that each owner of Land may take possession, enjoy and control his separate estate at his own pleasure. A person who … Read more
INTRODUCTION Registration Act deals with the registration or non-registration of documents. All sorts of documents are not compulsorily registered in the Registration Act. The documents that are required under the Registration Act to be registered if they are not so registered, lose evidentiary value, and shall not be admitted in evidence. RELEVANT PROVISIONS Section … Read more
INTRODUCTION Equitable remedies are specific types of solutions that are ordered by the court. The main purpose is to provide fairness and justice in legal disputes. Unlike monetary compensation (legal remedies), equitable remedies seek to address unique circumstances by ordering specific actions or restraining behaviors. Common equitable remedies include injunctions, specific performance, and rescission. These … Read more
INTRODUCTION Revenue Officers have immense authority in respect of revenue matters, there is, however, a restriction imposed upon them by law that they cannot adjudicate upon matters where a “question of title” is involved. RELEVANT PROVISIONS Section 140 of the Land Revenue Act necessitates the ascertainment of the question as to title by the … Read more
INTRODUCTION All sorts of documents are not compulsorily registrable under the Registration Act. There are documents on which registration is at the option of the party. The non-registration of such documents does not affect the validity or admissibility of the evidence. RELEVANT PROVISIONS Section 18 the Registration Act 1908 deals with the optional registerable … Read more
INTRODUCTION Injunctions are orders of the Court to a party to the proceedings to do or to refrain from doing a specified act. By way of injunction, a person can obtain an order from the Court to restrain the defendant which creates a reasonable apprehension of the property of the plaintiff. But the suit of … Read more
INTRODUCTION Arbitration is a process in which a dispute between parties is settled by a third person. A person who is appointed by the parties involved to settle disputes between them is called an arbitrator Under Land Revenue Act 1967 arbitrator can be appointed with the consent of the parties or without the consent of … Read more
INTRODUCTION Under the Registration Act, there are documents that require compulsory registration. If such documents are not registered there will be no evidentiary value. RELEVANT PROVISIONS Section 49 Registration Act 1908 deals with the effects of the non-registration of documents. PURPOSES OF REGISTRATION The following are the purposes for registration of the document … Read more
INTRODUCTION On 1 day of March 1882, the Trust Act came into force. This Act extends to the whole of Pakistan. This act does not affect the Islamic law as to waqf, or the mutual relation of the members of an undivided family as determined by any customary or personal law or applies to public … Read more
INTRODUCTION The concept of appeal is to resort to a superior court to review the decision of an inferior court or administrative agency. The law of appeal under the Land Revenue Act 1967 is very simple A person who is a party to the order appealed can file an appeal. He should state the whole … Read more
INTRODUCTION The registering officer has certain duties regarding the registration of the documents. When a document is presented for registration to the registering officer, he endorses every document presented before him, the date, place of registration, and signature of the person presenting such document, and gives a receipt for such document to the person presenting … Read more
INTRODUCTION The role of a trustee regarding the trust is of a custodian. A trustee is regarded as the servant of the trust and he follows the trust deed (instrument of trust) in carrying out his duties. There are certain rights given by the Trust Act 1882 to the beneficiary. The trustee must keep in … Read more
INTRODUCTION Under Land Revenue Act 1967, the review is not an alternative for appeal. The Revenue authorities are empowered to review their orders. The review is a re-consideration of the sanctity of the order passed by the revenue authorities. RELEVANT PROVISIONS Section 163 Land Revenue Act 1967. MEANING OF REVIEW The term review … Read more
INTRODUCTION A remedy can be availed by the person when the concerned officer refuses to do so. Sub-registrar can refuse to register a document on account of various grounds. Under the Registration Act. He can also refuse to register a document without assigning any reason. A person whose registration has been refused can avail himself … Read more
INTRODUCTION The role of a trustee regarding the trust is of a custodian A trustee is regarded as the servant of the trust and he follows the trust deed (instrument of trust) in carrying out his duties. There are certain rights given by the Trust Act. 1882 to the beneficiary. The trustee must keep in … Read more
INTRODUCTION The revenue officer has the power of erecting boundary marks after making the survey of the land. Such boundary marks are erected at the time of the division of the estate. Such boundary marks refer to the area on the land on which the land owner exercises his right of ownership. Any person who … Read more
INTRODUCTION Tenancy means a parcel of land held by the tenant of a landlord under one lease or one set of conditions. The tenancy is not only created by express contract but also by Implication or by the conduct of parties. The establishment of the right of occupancy has become an old concept. With the … Read more