MUSHTAQ HUSSAINJ.-Land was allotted to Bashir Ahmed, petitioner, in the Tehsil and District of Sargodha under Pedigree Livestock Breeding Scheme by the Collector, Sargodha by his order dated 27th May, 1970. A registered sale-deed was executed by the Provincial Government in favour of the petitioner on 1st June, 1970.
2. Khan Bahadur, respondent No. 2, happened to be the lessee of the land in dispute under a subsisting lease which was due to expire on 15-6-1971. He therefore, filed a civil suit. There was a compromise to the effect that Khan Bahadur will retain possession till the tenure of his leave expired.
3. When the lessee did not give possession, the petitioner moved the executive for delivery of possession, which is said to have been delivered on 18-11-1971 by the revenue staff. On being approached the petitioner is supposed to have leased out the land again to respondent No. 2 for one harvest. A suit by the petitioner followed.
4. Meanwhile Government had introduced the Scheme commonly known as 15 Years Lease Scheme. Respondent No. 2, there fore, moved the Collector for setting aside the allotment made to the petitioner on 25-5-1970 but his petition was dismissed. He went in appeal to the Commissioner, which was also dismissed. This was followed by a revision petition, which was accepted by the Member, Board of Revenue on 21-5-1975. The petitioner, therefore, filed Writ Petition No. 1435 of 1975 in the Lahore High Court, which was dismissed by a Division Bench of that Court on 14-7-1975.
Hence, this petition for special leave to appeal.
5. The question whether the submission that the Member, Board of Revenue was wrong in coming to the conclusion that the purpose for which the allotment was made in favour of the petitioner had not been fulfilled is not correct, cannot be gone into by this Court because it is eminently a question of fact. It cannot be denied that respondent No. 2 was in possession of the area since 1960, that he was the landlord and that the area involved was only 10 acres or so, where for he was given the benefit of the 15 Years Lease Scheme. No exception can be taken to this order passed by the learned Member, Board of Revenue and affirmed by the Lahore High Court with which we are in full agreement that is writ jurisdiction relief being discretionary it cannot be granted in aid of injustice. The petition is, therefore, dismissed.