1985 PLP 1377 (SCMR)

Ch. Qadir Bakhsh, Senior Advocate Supreme Court assisted by Rana [A.A. Qadri, Advocate‑on‑Record for Petitioners. S. Wajid Hussain, Advocate‑on‑Record for Respondent No.

1. Date of hearing: 26th February, 1985. SHAFIUR RAHMAN, J.‑‑The property in dispute between the parties is 7 Marlas of agricultural land of which the petitioners claimed allotment and so did the respondent and the High Court in the constitutional jurisdiction .protected allotment of the respondent holding it to be of a prior date under para. 34 of Rehabilitation Settlement Scheme, Part II. The petitioners seek leave to appeal and want that the order of the Assistant Commissioner, dated 4‑3‑1978 depriving the respondent of the same should be restored. The R.L.11 entries relating to the allotment in favour of the respondent show that against his entitlement he was allotted land measuring 3 Kanals 10 Marlas on 10‑5‑1959. To it was added by means of the Tatima and without any operative order an area measuring 7 Marlas which was at that time unallotable and could be given to him under para. 34 of Rehabilitation Scheme No.

2. Under an order passed by the Revenue Assistant on 24‑4‑1960, 6 Marla out of the 7 Marlas is claimed by the petitioner. The dispute over it was brought before the Assistant Commissioner on remand from the High Court and the Assistant Commissioner, by the impugned order, set aside the allotment of respondent and maintained that of the petitioner. A constitutional petition was filed by the respondent which has been allowed by the High Court on the ground that the allotment of 7 Marlas could be made to the respondent that it was incorporated in the record of rights prepared subsequently and that by operation of law under section 16 of the Displaced Persons (Land Settlement) Act, he has an indefeasible entitlement in respect of it and interference with it was unjustified on such a belated attempt by the petitioner. The learned counsel for the petitioners has proceeded to argue that the entry with regard to the allotment of these 7 Marlas and the preparation of the Tatima with regard to it is all unauthorised and collusive and the respondent alone is responsible alongwith the Patwari for it. According to him, as there is no backing of a legal order, the same had to be excluded from the property allotted to him. We have examined and find that as held by the High Court the allotment of such a small area in adjustment of some claim of the respondent could be made under para. 34 referred to by way of marginal adjustment. The record prepared in the context showed that since long it was shown as allotted to the respondent. It was too late to go into A the question of collusiveness of those entries or their legal validity and effectiveness. We do not consider in the circumstances this to be a fit case for further examination in this Court. Hence leave to appeal is refused. M.I. Leave refused.