' This is a revision petition against the order dated 28-6-1975 passed by the Commissioner, Hyderabad in respect of grant of evacuee surrendered share in Survey No, 229 of Deh Lakhadi Taluka Math, District Badin.
2. Mr. Ghuiam Rabbani counsel for the petitioner and Mr. Ghulam Muhammad Mughal counsel for the respondent are present. They have been heard and the case record perused.
3. The tacts of the case are that the Revenue Officer, Kotri Barrage, Hyderabad granted the evacuee surrendered share in the disputed Survey number to the petitioner. The respondents Nos. 1 and 2 agitated against that grant on ground that it was their Kabuli holding and they had purchased it from claimant allottee Matiullah Khan. Their appeal was upheld by the Commissioner, Hyderabad Division vide the impugned order.
4. The counsel for the petitioner contended that the land was not evacuee property as the Hindu grantee had migrated to India without paying full price of the land to the Barrage Authorities and it had, therefore, rightly been disposed of by Barrage authorities. The counsel further contended that the petitioner is Hari in possession of the land according to the record and that the grants of such lands made by Barrage authorities were validated vide section 2 of the Sukkur Barrage (Validation of Orders) Act, 1974 and the grant in favour of the petitioner would prevail.
5. The counsel for the respondents contended that land had been shown as evacuee surrendered land through error and produced Parchi Taqseem about allotment of the land in favour of .Matiullah in support of his contention.
6. I have considered the case. According to the Parchi Taqseem issued in 1958 the disputed land stood allotted to claimant Matiullah Khan in settlement of his claim and there is nothing to show that he had surrendered it at stage. Besides, the land is situated in Kotri Barrage and the provisions of the Sukkur Barrage (Validation of Orders) Act, 1974 do not apply to the present case. In view of this position the land could not be disposed of by the Barrage Authorities and the order passed by the learned Commissioner, Hyderabad Division, is therefore, quite appropriate. The revision petition merits no consideration and it is rejected accordingly. .