P L D 1964 W (PLP)

Consolidation of holdings‑Suggestion resulting in allocating land in awkward blocks‑Not acceptable. This order will dispose of the following two revisions: (1) Taj Ali v. Fateh Muhammad and others Revision No. 123 of 1961‑62. (2) Boma v. Karim Bakhsh and others Revision No. 124 of 1961‑

62. These two revisions have been filed against an order dated the 20th November 1961, passed by Additional Commissioner (Consolidation), Multan, whereby he partly accepted the revision of Fateh Muhammad anc ordered amendments affecting Boma, Karim Bakhsh and Taj Ali. The facts of the case are that, with the consent of the parties, the A.C.O., gave land in one block to Boma, Karim Bakhsh, Taj Ali and Fateh Muhammad. Fateh Muhammad went in appeal to the Additional Deputy Commissioner (Consoli dation), but it was rejected as time‑barred. He then filed a revision before the Additional Commissioner (Consolidation), who observed that Fateh Muhammad and Abdul Majid respondents have been put to certain loss and ordered that they should be suitably compensated. The case was remanded for fresh decision. Subsequently, the Additional Deputy Commissioner (Con solidation) allowed 3 kanals and 3 marlas of additional land from Killa No. 27 of Square No.

34. Fateh Muhammad and Abdul Majid felt still dissatisfied and went in appeal to the Additional Commissioner (Consolidation). The Additional Commissioner (Consolidation) again sent back the case with the remark that his previous orders had not been complied with. The Additional Deputy Commissioner (Consolidation), Multan then ordered that Killa No. 8 of Square No. 21 should be withdrawn from Boma and given to Karim Bakhsh. From Karim Bakhsh, Killas Nos. 22/1 and 23/1 of Square No. 20 should be withdrawn and given to Taj Ali. From Taj Ali; Killa No. 10 of Square No. 35 should be taken away and given to Fateh Muhammad. Boma had got Khasra No. 8 of Square No. 21 in lieu of his mortgage rights and it was ordered that he should be compensated by giving him Killas Nos. 17/3, 17/2, 17/1, of Square No.

45. Taj Ali and Boma have both come up in revisions. I have heard the learned counsel for the parties, and have also examined the record. There are two aspects of the case. One is with regard to the Additional area which has to be given to Fateh Muhammad and Abdul Majid. This deficiency was made up when the Additional Deputy Commissioner (Consoli dation) gave him 3 kanals and 3 marlas of land from Killa No. 27 of Square No.

34. The second aspect deals with the amendments mentioned above. These modifications were made because Boma's share as mortgage had to be given separately. Boma was given Killa No. 8 of Square No. 21 when there were no instructions to the effect that the land in respect of mortgage rights should be given separately from proprietary area. These instructions have now been cancelled but it has been laid down that where compliance of revised instructions means dislocation in respect of blocks already given to the landowners under a consolidation scheme, no dislocation should be caused and land given in lieu of mortgage rights should continue to be separate. In this case, I, however, find that the compliance of revised instructions would do away the dislocation which was caused as a result of previous instructions (now cancelled). The learned counsel for the petitioner has realised this position, but has suggested that, besides giving additional area to Fateh Muhammad and Abdul Majid respondents, they should be compensated by suitable adjustments. With this object in view, he has suggested that Killa No. 13 of Square No. 45 should be withdrawn from Sher Muhammad and he should instead be given land from Killas Nos. 8/1 and 3 of Square No. 44.1 Acceding to such a request would mean giving land in awkward blocks to Sher Muhammad respondent. I cannot therefore, accept this suggestion. In these circumstances, I accept both the revisions of Taj Ali and Boma and direct that:‑ (a) Killa No. 8 of Square No. 21 should be restored to Boma petitioner; (b) Killas Nos. 22/1 and 23/1 of Square No. 20 shall be given back to Karim. Bakhsh; (c) Killa No. 10 of Square No. 35 shall be restored to Taj Ali; (d) Killas Nos. 17/1, 17/2 and 17/3 of Square No. 45 shall be given back to Fateh Muhammad and Abdul Majid respondents, and (e) the additional area given to Fateh Muhammad and Abdul Majid respondents from Squares Nos. 27 and 34 will also remain with them. S. Q. Petitions accepted.