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2002 C.L.R. 1004

FAZAL MUHAMMAD and others vs ADDITIONAL COMMISSIONER (REV.) and

Citation2002 C.L.R. 1004
CourtSupreme Court of Pakistan
Judge(s)Munir A. Sheikh, Tanvir Ahmed Khan
ResultPetition dismissed accordingly

MUNIR A. SHEIKH, J.-- This petition is directed against the judgment dated 28.4.2000 of the Lahore High Court, Bahawalpur Bench, Bahawalpur, through which constitutional petition filed by the petitioners against the order dated 2.6.1990 of the Additional Commissioner (Revenue)/Notified Officer, Bahawalpur Division, Bahawalpur has been dismissed.

2. The dispute relates to allotment of evacuee lands made against Claim Forms Nos.106 and 307.

The matter came up for scrutiny of these claims in order to determine the extent of entitlement of the claimants twice before the Additional Settlement Commissioner (Revenue) as per order dated 2.6.1990. Report from the Central Record Office was also called which reported that in addition to tempering with the said claim forms to enhance the entitlement of the claimants as regards Chai Lands, bogus documents were also obtained in excess of the entitlement at one or two places., There was double fraud committed according to the learned Judge of the High Court in obtaining allotment against these claims by the claimants from whom the petitioners had purchased the land.

3. Learned counsel for the petitioners, submitted that record was not examined by the learned Additional Commissioner before arriving at the conclusion of facts. We have noticed that the order passed by the Additional Commissioner, was challenged in the writ petition and a report was called from the Central Record Office and thereafter the order was passed.

4. Since the original allotments made in favour of the claimants were found to be bogus, therefore, the petitioners who are purchasers from them were also to sink with them.

5. The judgment passed by the learned Judge of the High Court impugned in this petition dated 28.4.2000 and order of the Additional Commissioner (Revenue) dated 2.6.1990 have not been shown to have suffered from any illegality. A finding of fact has been recorded against the petitioners to which no exception can be taken as no case of misreading or non-reading of any material piece of evidence has been made out.

6. For the foregoing reasons this petition has no merits which is accordingly, dismissed and .

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