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PLD 1983 Lahore 444

Mst. ALLAH RAKHI vs SETTLEMENT COMMISSIONER, SARGODHA DIVISION,

CitationPLD 1983 Lahore 444
CourtLahore High Court
Judge(s)Fazal-e-Mahmood
ResultPetition dismissed

' After a long drawn litigation which saw two rounds, ultimately the dust has been settled by virtue of the impugned order. The officer has taken the view that there has been ratable distribution of the ihatas amongst the litigating parties.

2. I have heard the learned counsel for the petitioner who has tried to persuade me to interfere on technical pleas. I, however, feel that the impugned order is equitable and flows from a proper consideration of the rights of the parties. The real purpose of Rehabilitation and Settlement Laws to ensure the rehabilitation of the largest possible number has been fulfilled.

3. Under the circumstances in keeping with the policy of law, the parties must feel content. The order does not show any injustice to parties. I am therefore not inclined to exercise my discretion to interfere with the impugned order. It may, however, in the passing be mentioned that the total area in dispute is 15 -Marlas. There are 5 parties in possession litigating. Three Marlas have fallen to the share of each party. No concept whereby despite .a just and fair decision the proverbial shylock's pound of flesh could be got enforced in writ which is equitable and discretionary.

4. The result is that this writ petition fails and is hereby dims the parties are poor, there shall be no order as to cats.

5. Demand for 1 know .1 jurisdiction " issed. Since

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