Pakistan Case Lawโ† Search
PLD 1977 Rev. 11

NUSRRAT KHAN AND 3 OTHERS vs AMIR KHAN AND 4 OTHERS

CitationPLD 1977 Rev. 11
CourtBoard of Revenue
Case No.R. O. R. No, 1193 of 1972-73,
Date1977-02-16
Judge(s)Muhammad Aslam Avais
ResultPetition dismissed

ORDER

' This is a revision petition filed under section 13 of the Consolidation of Holdings Ordinance, 1960, against the order dated 7-6-1973 of the Addl. Commissioner (Cons), Sargodha whereby the appeal of the respondents was accepted and certain adjustments were made in the Khata of the parties.

2. I have heard the parties and examined the record.

3. This revision petition is defective for non-joinder of ten co-sharers in Scheme No, 39 pertaining to respondents Nos. 1, 2 and 3. However, I have examined the case of the petitioner on merits.

4. The main grievance of the petitioners is that contrary to what has been stated in the impugned order they never agreed to exchange land with the respondents. Therefore the changes made by the Addl. Commisioner (Cons.) in his impugned order are illegal.

5. The record shows that khasra numbers 16 (8-K) of Square No, 180 and Khasra Nos. 10/1(4K), 11(8K), 12/1(4K-12M), 19 (6K-5M) and 20 (8K) of Square No, 181 (total area 38K.-17M) were excluded from the Khata of the petitioners and in lieu thereof Khasra Nos. 3, 4, 7, 8, 13 and 18-min of Square No, 219 (total area 38K-17M) were allotted to the petitioners under the impugned order. The area allotted to the petitioners was formerly owned and possessed by them. Therefore, the changes made by the Addl. Commissioner (Cons.) through his impugned order were quite fair and proper. The petitioners have also received 8eK-10M in Class I, 38K-17M in Class II and 8K in Class III land (118K-13M in terms of Class I) as against 74K-8M in Class I, 54K-8M in Class II and 2K-7M in Class III (116K-8M in terms of Class I) before consolidation. The petitioners have thus received 2K-5M (in terms of Class I) in excess of their entitlement. They have also been given sufficient area in Class I. They have also received an additional plot of shamlat area in Kbasra No, 19 of Square No,

54. In these circumstances no injustice has been done to the petitioners and I find no reason to interfere in the matter. The revision petition, is therefore, dismissed.

Cited by 2 cases

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch