' AJMAL MIAN, J.-The petitioner through this Petition has prayed for the following reliefs.
(1) Declare the transfer of the disputed Survey Nos. Of land described in para. 5 above situated in Deh Bamnai and Deh Malhan Taluka (Matli Sind) in favour of respondents Nos. 4 to 17 as mentioned above in the petition and the dismissed of the appeals and the revision petition by the respondents Nos. 1 and 2 by the impugned orders passed by respondent No, 1 on and by respondent No, 2 on 9th July, 1976 as without lawful authority and of no legal effect.
(2) Permanently restrain the respondents from acting upon and/or enforcing the aforesaid impugned acts and orders and/or interfering with the lawful rights and title of the petitioner over and upon the above mentioned land (survey numbers) themselves and/or through their servants, subordinates and/or agents and/or in any other manner whatsoever.
2. The brief facts leading to the filing of the above petition as averred in the petition are that the petitioner, who is now deceased and is represented by his legal heirs (hereafter referred to as the deceased petitioner), was transferred the agricultural lands in settlement of his claim for agricultural lands by the Settlement Department, measuring 78.26 Acres situated in Deh Bamnai and 17.26 Acres situated in Deh Malhan. It further seems that Khatoonis were issued on 4th August, 1960 and 30th March, 1964 and so also village form VII. It also seems that respondent No, 3 held open Kutcheris on 5th October, 1974 and 7th February, 1975, in which some portions of the above lands were granted to respondents Nos. 4 to 17 i. e. 45.14 acres situated in Deh Bamnai and 12.04 Acres situated in Deh Malhan. It is the case of the deceased petitioner that on 5th October, 1974 he has not present in the open Kutchery, as he was in Okara and that on 7th February, 1975, he was present in the open Kutchery and showed the relevant documents to respondent No, 3 but he did not accept the same and granted the above lands to the above respondents. Against the above grants the petitioner filed two appeals, namely No, 8-13-6-133-Reader/76 and No, 8-13-6-135- Reader/76, which were dismissed by separate orders both, dated 9th September, 1976 on the grounds that the petitioner did not get the above lands deleted from the schedule and secondly the appeals were time-barred. The deceased petitioner being aggrieved by the two orders, filed two revisions, which were dismissed by a common order, dated 4th June, 1977. The deceased petitioner being aggrieved by the above orders has filed this petition.
3. In support of the above petition, Mr. K. A. Wahab, learned counsel for the legal heirs of the deceased petitioner, has urged that since the deceased petitioner had got verified claim in respect of the agreed area, the question of surrendering any land did not arise and, therefore, the inclusion of the above lands in the schedule as surrendered land would not divest the title to the lands vested in the deceased petitioner. We have noticed that neither the Additional Commissioner nor the Board of Revenue has adverb ted to the above question, which was the basic question in issue.
It is not the case of the respondents that the above Khatoonis and village forms VII were cancelled at any time. As a matter of fact there is no denial from the respondents side to the averment that the deceased petitioned had verified claim for agricultural land in respect of the agreed area.
4. In our view, it will be just and proper to remand the case to their Additional Commissioner, Hyderabad, i. e. Respondent No, 2, with the directions to allow the parties to lead evidence on the questions, whether the deceased petitioner had verified claim for agricultural land in respect of the agreed area, and whether the lands in question were ever surrendered as to include the same in the schedule. The parties shall be at liberty to raise whatever plea, they may wish to raise before the Additional Commissioned.
' In the circumstances of the case, there will be no order as to costs.