1975 PLP 436 (SCMR)

HAMOODUR RAHMAN, C. J.‑One, Mst. Nafisa Begum, the predecess0r in‑interest of the present petitioner, who was a claimant displaced person, was temporarily allotted l I acres and 35 ghuntas of land in Khairpur State. Thereafter, the claim of the said Nafisa Begum was verified by the Central Record Office and an I. R. IV was issued for 52 acres and 19 ghuntas equal to 2090 P. I. units. On the basis of this verification, 52 acres and 19 ghuntas were also allotted to the said Mst. Nafisa Begum on the 25th May, 1958 and a Q. P. R. was also issued in her favour for the same area. Subsequently, on scrutiny of the claim. the verification was found to be defective and as such a re-verification was directed. This re-verification ultimately ended by the order of the Additional Claims Commissioner passed on the 1st March, 1960. By this order Nafisa Begum was held to be entitled only to 36.65 acres. The Mukhtiarkar, accordingly, on the 21st March, 1960, cancelled the allotment of Mst. Nafisa Begum to the extent of 16.19 acres and out of the cancelled area, he allotted 6.23 acres to the predecessor‑in‑interest of the respondents. A revised Q. P. R. was also issued in favour of Mst. Nafisa Begum on the 5th June, 1960 for 2602 units. On appeal, the Deputy Rehabilitation Commissioner restored the allotment of the said Nafisa Begum but on revision the Rehabilitation Commissioner, Hyderabad, again reduced her allotment to 36.65 acres. A review application also failed and a second revision filed before the Chief Settlement Commissioner was dismissed on the 10th April, 1962. A suit was then filed for a declaration and an injunction In the Court of Civil Judge, Khairpur to challenge the validity of the cancellation. This suit was decreed by the trial Court and was upheld in appeal by the District Judge, Khairpur, with the modification that the Settlement & Rehabilitation Commissioner should give an opportunity of being heard to the parties and then pass fresh orders in the matter. The second appeal filed by the respondent, Amir Bano, in the High Court was dismissed in October, 1968. Then in 1969, Amir Bano applied under section 151, C. P. C. before the Settlement and Rehabilitation Commissioner for maintaining the order of the Mukhtiarkar. This was rejected on the 8th January, 1969. A revision from this order was also dismissed on 4‑2‑1969. From this order, the respondents went to the High Court of Sind & Baluchistan in the writ jurisdiction. This has been allowed and the order ‑of the Deputy Rehabilitation Commissioner and the Settlement Commissioner has been set aside and the allotment of the said respondents restored on the ground that the present petitioner could not claim more than 36.65 acres which was admittedly the claim of Mst. Nafisa Begun as finally re-verified by competent authorities. The petitioner has now come up for special leave to appeal and it is contended on his behalf that the High Court has fallen into error in thinking that the petitioner has got anything more than the re-verified claim of Mst. Nafisa Begum. According to him, 36.65 acres converted to 2063 P. I. units and the equivalent of these P. I. units were given to her in Khairpur where the best quality which is described in the 'Parchi Taqsim' as 'Mokhi', is equivalent to 40 P. I. units per acre. On the basis of this calculation, the petitioner would be entitled to more than 36.65 acres in Khairpur District. The documents produced by the learned counsel appearing in support of this petition are not very clear but they do seem to suggest that the best quality lands in Khairpur District are of somewhat inferior quality and not of the same P. 1. value as Nehri lands in the areas in respect of which the verification had been made in the case of Mst. Nafisa Begum's claim. In the circumstances, let a report be called for, in the first instance, from the Deputy Commissioner and Additional Settlement Commissioner, Khairpur, firstly as to whether there are any 'Nehri' lands to Khairpur District and if so what is the calculation in P. 1. units of such 'Nehri' land per acre and, secondly, as to what is P. I. unit value of the lands allotted to the petitioner. Order accordingly.