1993CLC1121 (PLP)

Iqbal Ahmad Malik for Petitioner. Hamid Ali Mirza for Respondent. Date of hearing: 9th September, 1992. The disputed land in this case is 438 Kanals 6‑1/2 Marlas consisting of Khasra Nos. 96/2, 113, 116, 117, 118, 119, 121 to 126, 128 to 135, 141 to 144, 148, 151. 152, 157, 172, 173, 177 to 179, 181 to 188, 189, 195, 1997/189 and 193 Khata Nos. 521/527, Khatoni No. 804 as described in this petition. This land was allotted to daughters of Sukha namely Mst. Burian, Mst. Nurian, Mst. Sehmi and Mst. Khurshid. These are the facts stated by the learned counsel for the Settlement Department. Previously there was litigation about the entitlement of the daughters of Sukha and finally by order dated 15‑5‑1958 the Rehabilitation Commissioner, Lahore Division, Lahore, accepted the revision of Mst. Burian etc. and directed that the allotment order made in their favour should be kept intact. Thereafter Faqir Hussain, Nazir Hussain and Ibrahim filed a Mukhbari application against Burian etc., for cancellation of the same land which was kept intact by the order dated 15‑5‑1958 of the learned Settlement Commissioner. This Mukhbari application was decided by Syed Muzaffar Hussain, learned Settlement Commissioner (Lands) with powers of Chief Settlement Commissioner by his order dated 31‑3‑1981. He held that the predecessor of Burian and others did not migrate to Pakistan and on this short ground he cancelled the land mentioned in the order dated 31‑3‑1981. While passing the impugned order the learned Settlement Commissioner (Lands) observed as under:‑ "The special attorney of Bhurian was given opportunity to give any proof about the genuineness of the above allotment. He has not been able to place any thing on the record that the allotment secured was genuine." 1n view of above he cancelled the allotment of Burian ex parte. The operative part of the order referred to above is patently based on misreading of the record inasmuch as the order dated 15‑5‑1958 was already passed by the Rehabilitation Commissioner by which the allotment of the allottees namely Burian etc. was kept intact. It was his duty to send for the entire record of the case and then pass the impugned order. The learned counsel for the Settlement Department does not support the order dated 31‑3‑1981 of the Settlement Commissioner, by which the land in dispute has been cancelled from the name of Burian.

3. The petitioners claim to be bona fide purchasers from Mst. Burian and it was highly unjust on the part of the Settlement Commissioner to cancel the land by impugned order dated 31‑3‑1981. The land in dispute is in possession of the petitioners and the same has not been allotted so far in favour of the third party. In view of what has been stated above the, order dated 31‑3‑1981 A passed by the Settlement Commissioner/Chief Settlement Commissioner, Lahore cancelling the land from the names of Mst. Burian etc., in so far as the present petition is concerned, is declared to be without lawful authority and of no legal effect and the petition is accepted. . AA./A‑354/L Petition accepted.