AJMAL MIAN, J.---This is a petition for leave to appeal against the order dated 18-4-1993 passed by a Division Bench of the Lahore High Court in Writ Petition No.556-R of 1971 filed by respondent No.2, Abdul Aziz son of ' Mst. Amir Begum, against the order dated 4-6-1971 of the Settlement Commissioner, Sargodha, allowing the same.
2. The brief facts are that Mst. Zenab had verified, claim for evacuee agricultural land. She was allotted land measuring 23 Kanals 10 Marlas from Khata No.8 and 38 Kanals from Khata No.9 in Chak No.48-NB against her RL-II. On her death mutation of inheritance was sanctioned in favour of Mst. Amir Begum alone as her daughter. In 1964 it came to light that Mst. Zenab besides above Mst.
Amir Begum had another daughter by the name of Mst. Hayat Bibi, who had separately secured allotment of land to the extent of her -- share in District Sahiwal. One Barkat Ali also appeared as an informer claiming that deceased Mst. Zenab had obtained excess land. Consequently, the Deputy Settlement Commissioner, (L) by his order dated 21-7-1965 remanded the case to A.S.C.(L) for disposal afresh with the observation that Mst. Amir Begum should have been given choice as to which of the land she wanted to retain and which of the land she wanted to surrender. Pursuant thereof, on 6-1-1966 Mst. Arhir Begum made an application to A.S.C. In which she specified her intention to surrender land comprising in killa Nos. Mentioned therein measuring 3-Kanals 10 Marlas. Thereupon, the A.S.C. Through his order dated 10-6-1966 cancelled the above excess land abandoned by Mst. Zenab i.e. The original right---holder in India, had increased on account of which she was entitled to the allotment of more land to satisfy her claim. Mst. Amir Begum approached the High Court through Writ Petition No.454/R of 1967 with a prayer that the land cancelled from her name as excess land should be ordered to be adjusted against the above increased P.I. Units, but the same was dismissed, Mst.Amir Begum again approached D.S.C.
(L)/Chairman, Allotment Committee, Tehsil Sargodha, praying that her increased P.I. Units should be satisfied against the excess land in Khatas Nos.8 and 9 before its resumption. The above request was acceded to by the D.S.C. By his order dated 7-10-1969. He allowed Mst Amir Begum to retain land comprising Killa No.18.2.1 of Square No.6 (measuring 2 Kanals 10 Marlas) and Killa No.24 of Square No.6 (2 Kanals, 5 Marlas). Whereas the remaining area was allowed to remain as proposed at Khata No. 149 in favour of Barkat Ali, i.e. The informer. Against the above order, three appeals were filed; one by Abdul Aziz against Barkat Ali; second by Barkat Ali against Mst. Amir Begum and third by Mst. Amir Begum against Barkat Ali. The Additional Settlement Commissioner (1.) through his order dated 11-2-1971, rejected all the three appeals. In the above order, he also held that Barkat Ali was not entitled to get land proposed in his favour by the D.S.C.(L) in his aforesaid order dated 7-10-1969. It was further held that Mst. Amir Begum was not entitled to get the above excess land allotted. It was also held that Jehangir Ali, the predecessor-in-interest of the petitioners, who had verified claim for 1275 P.I. Units and who was temporary allottee of the Chalk in question should be allotted excess land. Against the aforesaid order of the Additional Settlement Commissioner, the above writ petition was filed, which has been allowed and, the order of the Settlement Commissioner has been set aside and the order of the D.S.C. Dated 7-10-1969 has been restored. The petitioners have, therefore, filed the present petition for leave to appeal.
3. In support of the above petition, Mr. Jari Ullah Khan, learned counsel " for the petitioners has urged that the impugned judgment is contradictory inasmuch as in the same the finding of the Settlement Commissioner that Barkat Ali was not entitled to the allotment of the excess land, had been maintained but at the same the the order dated 7-10-1969 of D.S.C.(L) has been restored which contains the direction that excess land in Killa Na.25 (8 Kanals 5 Marlas) and Killa No.24/1(6 Kanals) was, allowed to remain as proposed in. Khata No. 195 in favour of Barkat Ali.
4. The above contention seems to have force. We are inclined to gram leave to consider, whether the learned Judges of the Division Bench after having affirmed the finding of the learned Settlement Commissioner (L) that Barkat All was not entitled to the above excess allotment of land could restore the above order dated 7-10-1969 without clarifying that to the extent of Barkat Ali, the order was not restored. Leave is accordingly, granted.