RAZA ALI, MEMBER (COLONIES).- This review petition has been preferred against my order dated 16.2.1994, in R.O.R. No. 225/1994 whereby the petitioners, successors-in-interest of Jalal Din deceased were allowed to cultivate the land in dispute on short term basis, because the land being Charagah, no proprietary rights could be granted. They were, however, placed at liberty to get alternate land in lieu of rights of Jalal Din deceased, who was an allottee of 52 kanals, 10 marlas under Ejected Tenants Scheme.
2. Brief facts of tb case have been mentioned in the order under review and need not to be repeated.
3. I have heard the arguments of the learned counsel for the petitioner and have perused the record.
4. In this case, in the order under review, it was observed that if the proprietary rights of charagah land measuring 219 kanals, 1% marlas are allowed to various allottees including that of Jalal Din deceased under Guzara/Ejected Tenants Scheme, the limit of Charagah land would be decreased from 39 acres to 143 kanals, 15 marlas only. The learned counsel for the petitioners has, however, contended that baqaya charagah is still 56 acres and if the petitioners are allowed proprietary rights of the disputed 6 acres and 4 kanals, the limit of about 50 acres could still remain intact which is more than 39 acres. The plea of the learned counsel is not supported by the documentary proof. However, with rough calculation the remaining charagah land comes to 362-15 marlas (143- 15 M plus 219-kanals). After reserving 312 kanals of charagah, there will be left only 50 kanals, 15 marlas. Therefore, Jalal Din deceased can be allowed 50 kanals and 15 marlas which is over and above the charagah limit of 39 acres.
5. In view of the above obsepotiens, I accept the review petition and allow the proprietary rights of 50 Kanals and 15 marlas to Jalal Din deceased, which should be devolved on all his legal heirs according to Shariat Law.