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1971 SCMR 74

DELDAR ALI KHAN AND 7 Others vs THE STATE

Citation1971 SCMR 74
CourtSupreme Court of Pakistan
Case No.Petition for Special Leave to Appeal No. 108-D of 1969 Revision No. 666 of
Judge(s)Salahuddin Ahmad, Hamoodur Rahman
ResultPetition dismissed

1. SALAHUDDIN AHMED, J.-The petitioners have been convicted under section 379 of the Pakistan Penal Code for having forcibly reaped and taken away on the 19th March 1967 wheat and gram worth about Rs. 400 grown by P. W. 1 Bhabani Prosed through his bargaders in the disputed land.

2. The defence was that tile lands had been settled with peti--tioner No. 1 Deldar Ali Khan and another by the Government long before the date of occurrence and they got possession of the land in December 1966. Both the trying Magistrate and in appeal the Sessions Judge found that P. W. 1 had grown the crops in question. The High Court dismissed the petitioner's revisional application and the petitioners, lave, therefore, approached this Court for leave to appeal on the ground that the High Court failed to consider the question of bona fide claim of right on the part of the petitioners.

3. On reference to the High Court judgment we find that this is not true. The High Court has observed that even if the petitioners had taken settlement of the disputed lands towards the end of December 1966 they could not assert any bona fide claim of right in respect of the wheat and gram grown earlier in the lands by the complainant party.

4. The application is accordingly dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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