Pakistan Case Lawโ† Search
2005 SCMR 964

BARKAT ALI vs MUHAMMAD ZAKARIYA and 3 others

Citation2005 SCMR 964
CourtSupreme Court of Pakistan
Case No.Civil Petition No,829-L of 2000
Date2003-02-27
Judge(s)Falak Sher, Karamat Nazir Bhandari
ResultPetition dismissed

' KARAMAT NAZIR BHANDARI, J.--- Respondent No,1 Muhammad Zakariya was allotted about 100 Kanals of land under Cooperative Farming Scheme (hereinafter to be referred as "the scheme") on 1-11-1948 by the Board of Revenue, Punjab. This land was required for extension of village Abadi and was resumed. In lieu thereof, he was allotted 30 Kanals, 13 Marlas of land. Esa, father of the petitioner was also cultivating 82 Kanals, 10 Marlas of land under the same scheme. He was found eligible to conferment of proprietary rights to the extent of 52 Kanals, 8 Marlas by the District Collector, Vehari vide his order, dated 24-3-1969. This order seems to have been accepted by the said Esa inasmuch as it was not challenged in appeal or revision. It was in the year 1987 that the said Esa applied the Collector for grant of proprietary rights in respect of remaining of land measuring 30 Kanals, 2 Marlas. This application was rejected. The Collector found that possession of Eesa on the land in excess of 52 Kanals, 8 Marlas was illegal. He, therefore, directed resumption of the land. The Additional Commissioner (Consolidation), Multan Division dismissed Esa's appeal against the order of Collector. A further revision in the Board of Revenue was also dismissed on 27- 11-1993. This question attained finality in the revenue hierarchy. After the death of Esa, his son namely, Barkat Ali (petitioner) filed a civil suit for a declaration that he was entitled to the conferment of proprietary rights in respect of the balance of 30 Kanals, 2 Marlas. The suit was contested and was dismissed in 1988. 28 Kanals, out of the resumed land was allotted to Muhammad Zakariya, respondent No,1 in lieu of the land resumed from him. Petitioner Barkat Ali and respondent No,4 Chiragh Din filed a fresh suit challenging the allotment of land to Muhammad Zakariya, respondent No, 1 . This suit was ultimately dismissed as withdrawn on 12-4-1990. During the pendency of the second suit, petitioner filed a review application before the Collector which was dismissed on 27-2-1990. The appeal was allowed by the Additional Commissioner who set aside the order of allotment in favor of Muhammad Zakariya respondent as also the order of refusing review. Muhammad Zakariya's revision was dismissed by the Board of Revenue on 27-11- 1993. His review petition was also rejected by the Board of Revenue on 23-10-1994. Muhammad Zakariya, respondent No,1 challenged the orders of Additional Commissioner as well as of Board of Revenue by filing Writ Petition No,245 of 1995 in the Lahore High Court, Multan Bench which has been allowed by the learned Judge in Chambers vide judgment dated 5-4-2000, against which judgment the petitioner seeks leave to appeal.

2. The extensive reproduction of facts shows that the entitlement of Esa father of the petitioner stood settled by order of Collector, dated 24-3-1969 which attained finality during the life time of Eesa. As noted above, the Board of Revenue dismissed his revision holding that there was nothing on the record to show that allotment of Eesa comprised of 82 Kanals, 8 Marlas and not 52 Kanals, 8 Marlas as has been held by Collector as well as Additional Commissioner. Since the petitioner is succeeding to the estate of Eesa, he has no right to agitate the issue settled in the life time of Eesa.

Filing of applications before the Revenue Officers and also suits by the petitioners, is futile exercise and the same only indicates the extent to which a person is willing to go for grabbing land.

3. This petition is completely devoid of merit and is hereby dismissed. Leave is refused.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch