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1979 SCMR 482

WAJID ALI KHAN vs Mst. HAYAT BIBI ETC.S

Citation1979 SCMR 482
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 216 of 1977 Writ Petition No. 4/R/1977
Date1979-05-12
Judge(s)Malik Muhammad Akram, Sheikh Anwarul Haq
ResultPetition dismissed

1. MUHAMMAD AKRAM, J.-This is a petition for special leave from the judgment dated 13th January 1977, whereby a learned Judge of the Lahore High Court has dismissed in limine the Writ Petition No. 4-R of 1977 filed by the present petitioner against the respondents herein.

2. The dispute in this case is concerning the allotment of land comprised in Khasra No. 1225 of Square No. 225/2 situate in the estate of Sohail Singh, Tehsil Minchinabad, District Bahawalnagar.

3. According to the petitioner it was allotted to him on the 10th of September 1960 and that he has continued in possession thereof ever since. His case is that Ahmad predecessor of Mst. Hayat Bibi respondent was a tenant under him bat that by manipulation and forgeries he got certain entries made in the revenue record in his favour to show that he was an allottee of the land since 27th of March, 1959. The first round of litigation between the parties culminated in the Writ Petition No. 521-R of 1970 filed by the present petitioner against the respondents from a revisional order passed -by the Settlement Commissioner on the 31st of March, 1970. On the 6th of April, 1971, a learned Judge of the Lahore High Court at Lahore in accepting the writ petition set aside the impugned order and remanded the case to the Settlement Commissioner for a fresh decision of the revision. After the remand on the 5th of October 1976, the Settlement Commissioner (Land) by a detailed order dismissed the revision. On a careful and detailed perusal of the record he arrived at the conclusion that there was no room for doubt whatsoever that Ahmad deceased, predecessor of the respondent, was in fact the allottee of the land in dispute and that the petitioner had failed to produce any record of unquestioned authenticity in support of his allotment. Dissatisfied with the order the petitioner then filed the Writ Petition No. 4-R of 1977 which was however, dismissed in limine by a learned Judge of the Lahore High Court at Lahore on the 13th of January 1977 with the observations that:- "The Settlement Commissioner after perusing the entire record came to the conclusion that according to the allotment order made in 1959, jamabandi for the year 1963-64, Khasra girdawaris for the years 1960 to 1968 and Parchi Taqseem Khatuni, the disputed rectangle number had been allotted to Ahmad, the predecessor-in---interest of respondent No. 1, and that the documents referred to above bore no signs of forgery and were intact. The petitioner, on the other hand, could not produce any document in support of his plea."

4. On this view of the matter the learned Judge in Chambers declined to interfere with the finding of fact thus arrived at by Settlement Commis--sioner which was conclusive between the parties.

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