Law: Punjab Land Revenue Act, 1967

Section: 135

Law: Constitution of Pakistan, 1962

Section: 199

(a) Punjab Land Revenue Act (XVII of 1967)--- ----S. 135---Application for partition---Co-sharer in khata, non-impleading of---Effect assailed orders passed by authorities whereby the respondents application for partition was allowed without hearing the petitioner---Courts below had concurrently held that the petitioner did not have any land in the relevant khata---Validity had established from the revenue record that he was owner in the same khata and such an un-rebutted evidence was not taken into consideration---Even a single sentence was not mentioned in the impugned orders to discard such argument---Impugned orders were set aside with direction to re-adjudicate the application for partition---Constitutional petition was accepted, in circumstances. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Concurrent findings---Scope---Where misreading or non-reading floating on the surface of record is pointed out by any party, the same shall be annulled without considering the decision of the authorities even found concurrent. Khalil Ahmad v. Abdul Jabbar Khan and others 2005 SCMR 911 rel. ORDER MUHAMMAD AMEER BHATTI, J.--- Through this petition, the petitioner has called-in-question the orders dated 07.09.2011, 07.10.2009, 11.03.2003 and 28.08.2000 passed by respondents Nos.1 to 4, respectively. 2. The facts relevant for disposal of this petition are that respondents Nos. 5 to 7 filed an application for partition of the suit land being co-sharers, which was allowed by respondent No.4, against which the petitioner approached respondent No.3 on the ground that he had been condemned unheard; hence the order be set-aside and case may be remanded for re-adjudication. Failing to obtain favourable order, the petitioner approached the Additional Commissioner, Rawalpindi, who reached on the conclusion that the petitioner neither had any land in the said Khata nor had he any locus standi to challenge the orders; hence, he dismissed his revision petition and in consequence whereof, second revision before the Member Board of Revenue was also dismissed on the same lines as held by the Additional Commissioner. 3. At the very outset, learned counsel…

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