1987 PLP 1652 (SCMR)

ABDUL KADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the judgment of Sind High Court dated 21‑1‑1986 dismissing petitioners' appeal and in result confirming the judgment of the trial Court by which a suit filed by the petitioners was dismissed. Facts of the case briefly stated are that the land in suit was granted to petitioners' predecessor Ismail Khan on "Full Grant" basis, and after his death the Grant was cancelled due to non‑payment of instalments of the purchase price. Abdullah Khan, son and legal representative of Muhammad Ismail, who is now represented before us through his legal representatives, the petitioners herein, filed an appeal against the order of the cancellation of the grant and the fresh grant in favour of respondent 5 herein with a result that the appeal was accepted by the Additional Commissioner, Hyderabad by the order dated 25‑9‑1965 and the original grant in favour of Muhammad Ismail was restored. The main reason that prevailed with the learned Additional Commissioner was that no notice was issued to Muhammad Ismail before the grant in his favour was cancelled, and there was also failure of the compliance of the mandatory provision of Standing Orders 10‑A and 11 relating to the grant of lands. Against the order of the Additional Commissioner, respondent 5 filed a revision application to the Board of Revenue which succeeded with the result that not only the grant in favour of Muhammad Ismail was cancelled but also the one in favour of respondent

5. Against the judgment of the learned Member Hoard of Revenue, Abdullah Khan filed a suit in the civil court for the declaration that the cancellation of grant in favour of his father was illegal and the defendants be restrained from implementing the order of cancellation of the grant. The above suit was dismissed and the appeal filed by the petitioners was also dismissed by the High Court, and it is in these circumstances that the petitioners now seek leave to appeal from the judgment of the High Court. Mr. Abdul Hafeez Memon, learned counsel for the petitioners appearing in support of the petition submitted that the learned Judge in the High Court has failed to appreciate that the cancellation of the grant in favour of petitioners' predecessor‑in‑interest was bad in law not only on the ground of the violation of the principle of natural justice but also for the reason that the necessary procedure prescribed under Standing Orders 10‑A and 11 was not followed. Learned counsel further submitted that the learned Judge in the High Court has also failed to appreciate that the judgment in suit filed by respondent 5 against the petitioners' predecessor‑in‑interest Abdullah Khan cannot' act as res judicata for the reason that the reliefs claimed in both the suits were different and distinct. We find force in the above submissions, amongst others raised in support of the petition. We therefore grant leave to appeal and allow the petition. Security Rs.1,000/‑. Appeal will be heard on the present record but it will tie open to the parties to file additional documents, if any. Status quo in respect of the suit land shall be maintained till the appeal is decided. M.I./A‑69/S. Leave granted.