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PLD 1986 Rev. 140

ABDUL MAJID AND ANOTHER vs KADIR BUX AND ANOTHER

CitationPLD 1986 Rev. 140
CourtSindh Revenue Board
Case No.Revisions Nos. 1152 and 1153 of 1970,
Date1970-12-08
Judge(s)Hussain Kutib Ali Shah
ResultRevisions rejected

ORDER

' These are two revisions filed by Abdul Majid and Muhammad Sharif both sons of Haji Karam Ali.

They were granted lands Revenue by the Officer on 20-2-1964 on Harap conditions. Against their grant the respondents filed appeals before the Project Director who rejected the same with further direction that the lands may be disposed of afresh according to the existing policy and after observing other formalities. The learned Project Director had discussed the merits of the case in full details and I find no reason to reproduce them.

2. The Advocate for the petitioners has mainly contended that the respondents filed appeals in the Court of the Project Director after about 20 months and, therefore, they were not legally entertainable. The petitioners according to him have continued to be in cultivating possesion of the disputed pieces from 1965-1966 These pieces were included in the schedule of 1961 and were disposed of to some Punjabis who did not occupy them. Hence they were cancelled and were granted to the petitioners who have now developed them. It would, therefore, be hard if their grants are cancelled and they are deprived of those pieces.

3. Mr. A. M. Khemtio, Advocate for the respondents has contended that the petitioners were born in 1954 and 1950, respectively and were only 10 and 14 years old at the time of the grant. They were students in a school which fact has been supported by the certificate of the Headmaster.

Therefore, according to him the grants were illegal ab initio as no Harap can be made in favour of the students who are not even major. Moreover 3 years cultivation is to be proved before any one claims to be Hari.

4. After hearing the arguments of both parties, I am convinced that originally the grant in favour of the petitioners was wrong and illegal ab initio and they were not only students but were minor too.

The fact that they or their father has improved the land after the grant will not make the grant legal which is otherwise illegal from the very start. In view of these facts, I find no reason to interfere with the orders of the learned Project Director. The revisions are rejected.

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