Civil Appeal No.188 of 2019
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procedural restriction, hitch or hindrance in
his way.
13.
The mere fact that land revenue may have been
paid by the father of Respondent No.1 also does not improve
his case. We have specifically asked the learned counsel for
Respondent No.1 who would be liable to pay land revenue
and other public dues against the said land in case there was
default in payment of the same. He has hesitatingly admitted
that the person liable to pay such defaulted amounts would
be Respondent No.1. Even in terms of provisions of Section 74
of the West Pakistan Land Revenue Act, 1967 the land
revenue and all other Government dues payable against a
particular piece/tract of land are recoverable from a person
whose name appears as owner of such land in the revenue
records. This is irrespective of who may be cultivating or
allegedly receiving its benefits as an agent or nominee of the
real owner. It is also significant to note that Respondent No.1
neither produced his father as a witness before the Election
Tribunal nor produced any other credible evidence to
establish his half hearted plea of Benami ownership, other
than revenue payment receipts which were found by us to be
insufficient to establish his plea.
14.
The learned counsel for Respondent No.1 has also
emphasized the fact that a bonafide error or mistake of fact or
law may be condoned and save a person from being hit by the
rigours of Election Laws as well as the Constitution. In this
regard, he has referred to Muhammad Asif v. Muhammad
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