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PLD 1986 Rev. 136

Haji USMANPeti tioner vs SALAH

CitationPLD 1986 Rev. 136
CourtSindh Revenue Board
Case No.Revision No, 43 of 1968
Date1971-01-04
Judge(s)Hussain Kutib Ali Shah
ResultRevision rejected

ORDER

1. ' The facts of the case are given in the impugned order and need not be reproduced. Mr. Bheemraj, Advocate for the petitioner, mainly contends that four Acres from U. A. No, 396 which have been granted to the respondents are situated in Mohag of Kabuli No, 79 of the petitioner. Theretbre, these four Acres may be given to the petitioner. The respondent has in all been granted 4 Acres from the U. A. No, 396. He will, therefore, be left with about 10 Acres. Some other hand is also available in the very U. A. No, 396 from which some land can be given to the respondent.

2. ' Admittedly the petitioner is a Zamindar. He admits that he has about 200 Acres of land with some other sharers. Mohag right can be claimed in respect of compact area of 4 acres. In this case, the area is much more than 4 Acres. Therefore, I cannot accept this plea of bifurcating 4 acres from the total grant. Respondent is poor Hari and the petitioner is a Zamindar and the order of the Additional Commissioner shows that the disputed land is nearer to the respondent's land. In view of these facts. I find no reason to interfere with the findings of the learned Additional Commissioner.

3. The revision is accordingly rejected.

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