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1991 SCMR 1329

MUHAMMAD BOOTA And 2 Others vs PROVINCIAL GOVERNMENT Through

Citation1991 SCMR 1329
CourtSupreme Court of Pakistan
Case No.Civil Petition No.710 of 1986 Civil Revision No.1783-D of 1983
Date1989-10-22
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultPetition dismissed

ORDER

SAAD SAOOD, JAN, J.---The dispute in this petition for special leave to appeal relates to about 4 kanals and 6 marlas of land forming part of killa No.2 of Square No.26 situate in Chak No.44g/Gt of Tehsil Samundri. The area of the entire killa is 8 kanals and 13 marlas. It was evacuee property and was allotted to Chanan, father of the petitioners. Sometimes in 1954, a school was established in the Chak. The land-owners of the Chak donated land to the school. On his part, Chanan offered the whole of killa in question to the school. Accordingly, with his consent an Assistant Rehabilitation Commissioner by an order dated 18-1-1957 confirmed the allotment of the entire killa in the name of the school. More than 21 years later Chanan filed a civil suit claiming that he was owner of about 4 kanals and 6 marlas in the killa in question and that the same had never been in possession of the school. The suit was decreed by the trial Court but in appeal it J was dismissed by the Additional District Judge, Faisalabad. The petitioners filed a revision petition in the High Court but without any success. They now seek leave to appeal from this Court.

2. As noticed earlier, the killa in question was allotted on to the school by the Assistant Rehabilitation Commissioner on Chanan and after his death his sons did not agitate against the order Assistant Rehabilitation Commissioner. In fact Chanan was present in the time of the confirmation of the allotment. There is also no evidence indicating that between 1957 and 1975 he was ever in disputed portion of the killa. In the circumstances, the High Court and the Additional District Judge were justified in rejecting his claim to the land in dispute. This petition is without any merit and is hereby dismissed.

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