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PLD 1985 Rev. 146 [Punjab]

ABDUL QADIR vs FAZAL AHMAD. AND OTHERs

CitationPLD 1985 Rev. 146 [Punjab]
CourtBoard of Revenue
Case No.R. 0. R. No, 2577 of 1982,
Date1983-09-04
Judge(s)Maqbool Ahmad Sheikh
ResultRevision accepted

ORDER

' The two revisions are directed against the common order of the Additional Commissioner (Consolidation), Multan, dated 18-8-1982 whereby he had set aside the orders of the A.C./Collector, Lodhran, district Multan, in appeals. The brief facts leading to these revisions are that the petitioner held area of 100 Kanals, equal to subsistence holdings, in Chak No, 360/ W.B., Tehsil Lodhran district Multan. The petitioner gifted 24 Kanals from this land to his father through a registered deed, while the remaining 76 Kanals were exchanged with the present respondents through two separate registered deeds. All the three deeds were executed on 4-12.1980 and mutations entered at Nos.

199. 200 and 201, on. 22-1-1981, Mutations No,. 200 and 201 were rejected on the same date on ground that they contravened the provisions of M. L. R.

115. This decision was maintained by the Collector who while passing orders in, appeals directed that Mutation No, 199 which also contravened the provisions of M. L. R. 115 should be reviewed and cancelled. These directions were accordingly implemented and Mutation No, 199 was also rejected in review. The learned Additional Commissioner, however, interfered in the revision and ordered that Mutations Nos. 200 and 201 should be sanctioned in favour of the respondents. Hence these revisions.

2. I have heard the learned counsel for the parties and considered the facts of the case. According to the position now obtaining, as a result of the orders of the lower Courts 24 Kanals of land stand reverted to the petitioner on review of Mutation No,

199. Since under provisions of M. L. R. 115 subsistence holdings cannot be partially alienated the orders of the lower Courts in sanctioning Mutations Nos. 200 and 201 in respect of 76 Kanals of land are, therefore, in clear violation of M. L. R.

115, and as such are not set aside in revision.

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