ABDUL SHAKURUL SALAM J: --This order will dispose of Civil Petitions Nos.339-L of 1991 and 340-L of 1991.
CIVIL PETITION N0.339-L OF 1991.
1. Relevant facts are that the land bearing Khasra Nos.13/2 and 14 to 25 situated in Chak No.359/EB, Tehsil Burewala, District Vehari was allotted to Hashmat Ali respondent No. l under the Grow More Food Scheme on 14-12-1956. He came in possession thereof on 8-4-1957. This land along with some other was allotted to Faqir Mohammad, predecessor-in-interest of the petitioners, under the Islamabad Oustees Scheme on 20-1-1962. Petitioners asked for possession from the respondent.
The latter filed a suit for a declaration of his rights which was dismissed by the learned Senior Civil Judge, Vehari on 3-2-1986. However, the respondents succeeded on appeal vide judgment and decree of the learned District Judge, Vehari dated 26-10-1987. The petitioners filed a revision petition which was dismissed by a learned Judge of the High Court on 27-2-1991. Hence this petition.
2. Contention of the learned counsel for the petitioners is that the decree of the learned appellate Court in favour of the respondents as upheld by the learned High Court is contrary to law.
3. The petitioners have been non-suited on the ground that the land under the Grow More Food Scheme allotted to the respondent No.l was"never. Included in the schedule of the Islamabad Oustees Scheme as admitted by Javid Ali, Colony Clerk DW-4 in his cross-examination. That being so, its allotment to Faqir Mohammad deceased was void ab initio. Learned counsel for the petitioners has not been able to point out that the land in dispute was in the schedule of the Islamabad Oustees Scheme. Consequently, it could not have been allotted in favour of the predecessor-in-interest of the petitioners. The judgment and the decree of the learned appellate Court as upheld by the learned High Court calls for no interference. This petition is therefore, dismissed.
CIVIL PETITION N0.340-L OF 1991.
4. Relevant facts are that Barkat Ali respondent No.l was allotted land measuring twelve and a half acres bearing Killa Nos. 1 to 12, and 13/1 of square No. 13 in Chak No. 359/EB Tehsil and District Pakpattan under the Grow More Scheme on 14-12-1956. Possession was delivered to him on 8-4- 1957. Behind his back, without cancelling the allotment the land in question along with some other was allotted to Faqir Mohammad, predecessor in interest of the petitioners on 20-1-1962. Barkat Ali having had no relief from the relevant revenue authorities filed a suit to secure his rights. Having lost in the lower Courts he filed a revision petition in the Lahore High Court. After re-examining the entire evidence on record, a learned Judge of the High Court held that "the petitioner (Barkat Ali) throughout remained in physical possession of the land, a part of which was Banjar and he had brought it under cultivation with considerable expenditure and labour. There is no allegation that the petitioner had ever violated the terms of tenancy. No order of cancellation of lease or resumption of land was passed against him by the Collector. In view of the above referred memoranda issued by the Board of Revenue the petitioner is entitled to the grant of proprietary rights in respect of the land comprised in his tenancy. On these findings the suit of Barkat Ali respondent was decreed vide order dated 27-2-1991.
5. We heard the learned counsel for the heirs of Faqir Mohammad, the petitioners but he could not point out any infirmity or illegality in the order of the learned Judge of the High Court. The order is just and in accordance with law. No interference is called for. Leave to appeal is refused. The petition is dismissed.