' This is a revision petition against the order dated 2-12-1977 of the Commissioner, Sukkur whereby he rejected the appeal of the petitioner and maintained the order of the Deputy Commissioner, Jacobabad, directing the petitioner to seek remedy in civil Court regarding mutation of 8 annas share of his father's land consisting of S. Nos. 625, 632, 640, 708 and 714 of Deh Saifal, Taluka Kandhkot.
2. The petitioner contends that his father died leaving 40 acres of land on his khata. In 1928-29, 8 annas share out of these S. Nos. Was sold to one Khawand Dino by the respondent and remaining 1 anna share was mutated equally in favour of petitioner and his brother during the year 1928-29.
3. Since the respondent had sold away his share when he (petitioner) was minor, all the remaining area may be mutated in favour of the petitioner.
4. The counsel for the respondent contends that sale of 8 annas took place in 1928-29 and uptil now the remaining area has been in the name of both the brothers, ' There was no oral agreement or understanding between the parties that the balance area will be of the petitioner.
Heard the parties and perused the record. Both the brothers have the land in equal share since 1928-29, it is after 45 years that the petitioner has got up from slumber and raised the plea that the entire land belongs to him. It is not for this Court to go into such belated claim as rightly held by the, Deputy Commissioner and Commissioner.
' I therefore find no justification to interfere with the order of the lower Court and revision is accordingly rejected.