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1990 SCMR 945

SHITAB KHAN vs SULTAN and others

Citation1990 SCMR 945
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, 497 of 1986
Date1989-09-26
Judge(s)Saad Saood Jan, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. ' S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, Lahore dated 16-2-1986, whereby his writ petition against the order dated 16-1- 1975 of the D.S.C. (Lands) and that of 27-6-1975 of the S.C.(Lands), was dismissed.

2. ' The petitioner got allotted the land in dispute against the verified claim of his father in village Lehnasinghwala. In consolidation proceedings he was given 68 kanals and 4 marlas only. The Settlement Commissioner vide his order dated 10-8-1963 ordered that the petitioner will get his original land allotted to him while the land of his brother and sister will remain in village Shamba and the excess land from the name of the petitioner will be cancelled. The petitioner was allowed by the D.S.C. To keep khasra Nos. 202 and 205 measuring 12 kanals 4 marlas and the remaining land was cancelled from his name. The same was allotted to Sultan respondent No, 1 on 27-12-1969.

3. On appeal of the petitioner before the learned Additional Settlement Commissioner, the case was remanded to the Dy. Settlement Commissioner who vide his order dated 6-1-1975 found the petitioner already got allotted the land measuring 12 kanals 4 marlas in village Lehnasinghwala and dismissed his appeal. His revision petition before the Settlement Commissioner met the same fate vide order dated 27-6-1975. Thereafter his writ petition before the High Court was also dismissed on 16-2-1986.

4. ' We have heard the learned counsel for the parties and have gone through the findings of the Courts below. The learned counsel in support of this petition contended that the area left by the petitioner in India has been verified on the claims filed by him which was further verified from the Central Record Office and-this area was to be converted into entitlement of the petitioner in terms of produce index units and then it should be assessed that how much area is to be given to the petitioner and how much excess area is to be cancelled. This aspect of the case has not been considered by the learned High Court.

5. The question whether verified area can be converted into entitlement of the petitioner in terms of produce index units'when his units are still unsatisfied is a point which needs consideration of this Court. Leave to appeal is granted. Security Rs, 5,000. Appeal is to be made ready on the present record with permission to parties to file additional documents, if any.

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