Law: West Pakistan Consolidation of Holdings Ordinance (VI of 1960)

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)  S. 10-Consolidation-Contention that while preparing two lots actual physical possession of co-owner over various parcels of joint holdings to be governing factor, held, not correct-Direction of Board of Revenue that instead of possession as of 1913 entries in Jamaband is for year 1964-65 alone to be taken into account, held further, justified in view of consolidation scheme having been prepared on basis of latter Jamabaodis.-[Harram Singh v. Bhag Singh (1930) 9 L L T (R S) 3 not applicable].-[Appeal (civil) Revision (civil)]. jlarram Singh v. Bhaf Sinfh (1930) 9 L L T (R S) 3 not applicable, (b) Constitution of Pakistan (1973) Art. 199-Writ jurisdiction-High Court exercising jurisdic tion under Art. 199, hold. does not sit as a Court of appeal or of revision.--[Appeal (,civil)-Revision (civil)). Date of hearing : 24th April, 1979.                                                                                                                      JUDGMENT The main contestents in this writ petition are two real brothers who owned land in village Rasilanuala of Tehsil Phalia. This village was selected for the purpose of consolidation of holdings. The Musawwada scheme was announced by the Assistant Consolidation Officer on 8th April 1968 on the basis of the jamabandi prepared for the year 1964-65. It was ultimately approved by the said officer on 30th June, 1973. Respondent No. 5 felt aggrieved by the scheme and on 26th August, 1973 he preferred an appeal before the Collector. His main grievance was that some of his holdings in the village had been allowed to remain unpartitioned. During the hearing of the appeal the petitioner who was the only other person interested in the matter expressed no objection to the partition of the joint holding. Accordingly, on 31st January, 1974 the Collector accepted the…