Law: West Pakistan Rehabilitation and Settlement Scheme

Section: 55-A , 115

West Pakistan Rehabilitation and Settlement Scheme, 1956---- ----Paxa. 55-A---Civil Procedure Code (V of 1908), S. 115---Land in question, was originally allotted to two brothers in 1956---Petitioner, however, got specific mutation sanctioned in his favour for confirmaion/transfer of proprietary rights in entire land in his own name exclusively  in  absence  of  his  brother (respondent)---Respondent on knowledge of such mutation moved Authorities for review of mutation in question, but his application was rejected by Authorities---Such order was passed by Authorities without consulting record---Subsequently, Authorities realizing mistake on the face of the record found that respondent being co-sharer in the original allotment was entitled to conferment of the proprietary rights and passed order for review of mutation and sanction for fresh mutation in favour of both brothers (petitioner and respondent)---Petitioner's suit for declaration that he was absolute and exclusive owner of land in question, was dismissed by both Courts below-- Validity ---Order of review of mutation passed by Authorities on basis of original allotment for conferment of proprietary rights to both parties in equal shares, was perfectly in accordance with law and rights of parties flowing from original allotment---Rehabilitation Settlement Scheme being Jauridar Scheme, land could not be allotted to one person and no allotment of land could be made in favour of less than two persons---Findings of two Courts below being concurrent and based on material on record were not open   to interference in revisional jurisdiction especially in absence of misreading, misconstruction or non-reading of evidence. Shahid Hussain Kadri for Petitioner. Mian Khurshid Alain for Respondent No. 1. Muhammad Rafiq Khan for Respondent No.2. ORDER In this revision petition a concurrent finding of fact recorded by both the Courts below that the petitioner was not the absolute and exclusive owner of the entire land as alleged in the plaint has been called in question. The land in dispute was allotted by the Border Area Committee under Paragraph 55-A of Rehabilitation and Settlement…