' This revision petition has been filed against the order dated 4-11-75 of the Commissioner, Bahawalpur Division, Bahawalpur by which he rejected the appeal of the petitioner and upheld the order dated 29-4-75 of the DC/Collector, Bahawalpur.
2. Brief facts are that Late Kasim Hussain Shah husband of the petitioner surrendered 384 kanals 13 marlas of land in village Sojhlatanwali, Tehsil Ahmadpur Sharqia under M. L. R. 89/91. He opted to purchase this surrendered land at the rate of Rs, 10 per P. I. U. The total price worked out to be Rs, 19,790. On 29-7-64 he paid Rs, 2,826. He had to pay the total price in 20 halt yearly instalments.
Subsequently these instalments were raised to 30 subject to option. The petitioner did not pay any more price nor opted to pay the price into 30 instalments. The last instalment was therefore to be paid by December 1971, but no payment was made. Notices were issued to the claimants, but it was reported that the widow of the claimant was living in. Karachi. Fresh notices were therefore sent to her at Karachi address but no payment was made. A notice for 14-1-75 was also issued in "Jang", Karachi, but of no avail, Subsequently it transpired that one Hassan Khan Naqvi has purchased this land from the heirs of the claimants. He was also issued a notice for 25.245, but he also intimated that he was not the attorney of the heirs of the claimants. The D. C. Therefore concluded that the heirs had no interest In the land. He therefore resumed the land on 29.4-75. The petitioner filed an appeal against this order before the Commissioner, Bahawalpur who In view of Press Note dated 19-6-75 rejected the appeal on 4-11-75. Hence this revision petition.
3. I have heard the learned counsel for the petitioner at length and went through the impugned orders and the contents of the revision petition. In view of the hot that the petitioner showed his willingness to clear the arrears, and the fact that no notice was actually served on the petitioner personally, on 19-2-76, I directed the petitioner to clear the entire arrears within two months and produce the treasury challans in its support. The petitioner's counsel has today produced a certificate from the General Assistant, Bahawalpur dated 14-4-76, which indicates that the petitioner has deposited a total sum of Rs, 29,008 including interest in the Treasury and that there w no balance outstanding against the petitioner on account of the price of the land in dispute. In view of this certificate, the revision petition is accepted, orders of the lower Courts are set aside and the land in dispute is restored in the name of the petitioner.