Case Details

Citation(s)
1965 SLG 4462 = 1965 SLD 4462 = 1965 PLD 5
West Pakistan
Revision No. 454 of 1962-63, decided on 3rd April 1963, District Lyallpur.
Presented By: I. U. Khan,
A. K. Lodi for Petitioner.   Saeed Khan for Malik Mohammad Akram and Rao Muhammad Ashfaq Khan for
Respondents.

MAHMOOD SHAH-Petitioner  

VERSUS

  QUTAB SHAH AND OTHERS-Respondents

Law:

Section:

(a) Consolidation of holdings-----   ------Scattered plots of co-sharers brought together during consolidation proceedings and joint khata partitioned as desired by co-sharers Proceedings governed by West Pakistan Consolidation of Holdings Ordinance (VI of 1960) and not by Punjab Land Revenue Act (XVII of 1887).   (b) Consolidation of holdings------   ----Compensation-Question of compensation not raised when scheme was taken into consideration-- Cannot be considered in revision.     ORDER   This is a revision filed against an order dated the 30th of October 1962 passed by the Additional Commissioner (Consolida tion), Sargodha, whereby he rejected the appeal filed by the petitioner.   The facts of the case are that the petitioner was jointly confirmed an area of 1,880 kanals and 13 marlas. The petitioner was absent but his co-sharer, Muhammad Sharif signed the khata.   Later on, the petitioner and Sardar Mohammad respondents preferred separate appeals against, the confirmation before the Additional Commissioner (Consolidation) but the appeals were rejected. Hence this revision.   I have heard the learned counsel for the petitioner and have examined the record. The learned counsel for the petitioner has laid great stress on the point that Mahmood Shah was not a party. It is true that that he was absent but his co-sharer, Mohammad Sharif was a party to the proceedings. He signed the khata twice.   The learned counsel for the petitioner has also raised an objec tion that, in this case, consolidation did not take place but there was actual partition. I do…
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