Law:

Section:

(a) Resettlement of Ejected and Landless Tenants Scheme, 1958-----   ----para. 2 (c) (ii)-Person cultivating more than five acres of land-Not eligible for grant under Para. 2 (c) (ii).   (b) Review------   ----Case cannot be opened on fresh grounds contro verting facts at review stage.   (c) Colonization of Government Lands (Punjab) Act (V of 1912)------   -----S. 16-Benefit of Proviso to S.16 does not apply to case of lessee under Resettlement of Ejected and Landless Tenants Scheme, 1958.  ORDER   The learned counsel for the petitioner has not been able to show in what way this review lies bearing in mind the interpretation of section 8 of the B. O. R. Act as contained in my learned brother, Mr. Abbasi's ruling reported in P L D 1961 P. (Rev.) 26, which he has followed the Supreme Court Ruling per Mr. Justice Muhammad Sharif, reported in P L D 1958 S C (Pak.) 201, 205.   On merits also the petitioner had originally argued thathe should not be penalised on account of adverse entries in canal khataunis. I got the revenue records scrutinised and it was established that the petitioner was cultivating more than five acres of land, even according to the khasra girdawari from 1956-57 onwards and as such was ineligible for the grant under paragraph 2 (c) (ii) of the 1958 Ejected Tenants' Scheme. The petitioner has now for the first time alleged at the review stage that the khasra girdawari entries also ought not to be believed because the petitioner has several brothers and members of family who were cultivating land jointly and the patwari entered his name wrongly on the ground that he was the eldest. I am afraid the case cannot be opened up on fresh grounds controverting facts at the review stage.   The last point argued by the…