2006 PLP 869 (SCMR)

TANVIR AHMED KHAN, J.

Leave to appeal is sought against the judgment, dated 13-12-1999 whereby a learned Single Judge of the Lahore High Court, Multan Bench, Multan, dismissed the writ petition filed by the petitioner maintaining the earlier determinations of the Revenue forums. Facts briefly are that the petitioner participated in an auction to purchase land measuring 80 Kanals in Tehsil Lodhran in May, 1963, at the rate of Rs.3,500 per acre, total amounting to Rs.34,

738. According to the terms of the auction, he was to pay 1/3 of the sale price i.e. Rs.11,580 within the stipulated period. He only deposited Rs.6,

000. The auction was, however, confirmed by the Board on 16-3-1966. When this illegality came to the notice of the authorities and it was found out that neither 1/3 amount was paid within the stipulated period nor the balance price paid, thereupon the disputed land was resumed by the Assistant Commissioner/Collector, Lodhran, through his order, dated 16-6-1971. The petitioner being aggrieved took exception to the same and the learned Additional Commissioner (Revenue), Multan Division Multan, vide his order dated 11-2-1972 accepted the appeal and remanded the case to the District Collector, Multan. It is pertinent to mention over here that during the interregnum period some of the land was given to one Karim Bakhsh on five years lease and the other was given to one Amir Bakhsh under Lambardari scheme. The Collector, Multan upon remand allowed the petitioner to pay the balance purchase price along with 14% compound interest through his order, dated 20-11-1979. The petitioner challenged this order and the learned Additional Commissioner (Revenue), Multan, through his order, dated 14-4-1980 rejected the appeal. The petitioner filed a revision petition before the learned Member, Board of Revenue Punjab, who through his order, dated 12-1-1982 dismissed the same maintaining the determinations of the lower forums. The petitioner then filed Writ Petition No.218 of 1982 before the Lahore High Court at Multan Bench, Multan, which has been dismissed by a learned Single Judge through his judgment, dated 13-12-1999, impugned herein. Hence, this petition for leave to appeal. We have considered the contentions advanced by the learned counsel for the parties and have gone through the entire documents placed on record with their assistance. It is not denied by the learned counsel for the petitioner that the petitioner was required to pay 1/3 of the auction price within the stipulated period which amounted to Rs.11,

580. He, however, admittedly deposited Rs.6,

000. This amount, is certainly less than 1/3 of the auction price which the petitioner was required to deposit. A question of fact after appreciating the entire record has been determined by the revenue forums which has been maintained by a learned Single Judge of the Lahore High Court. Learned A counsel for the petitioner has failed to point out any illegality or legal infirmity in the impugned judgment warranting interference by this Court. Resultantly, for what has been stated above, the instant petitioner being devoid of any merit and force is hereby dismissed and leave refused. S.A.K./M-901/SC?????????????????????????????????????????????????????????????????????????????? Leave refused.