Law:

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Constitution of Pakistan (1973) --Art. 185 (3) Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11 Special Jamabandi Placing reliance on Khasra Girdawaris in absence of Special Jamabandi No request made to Record Room, District Headquarters or Canal Department for finding out classification of land on basis of Special Jamabandi Order of High Court that unless Jamabandi not found to be superior allotment made should not be interfered merely on basis of Khasra Girdawaris, held, needs no interference Leave to appeal refused. Civil Petition No. 836 of 1976 ORDER M. S. H. QURAISHI, J. This order will dispose of two petitions, that is, Nos. 836 and 837 of 1976, which have been filed by the same petitioners for seeking leave to appeal from the order of the Lahore High Court dated 7 6 1976 accepting Writ Petitions Nos. 405/11 and 406/11 of 1976 of Syed Afzal Hussain and Ibrahim and others, respondents; respectively. 2. The dispute relates to the lands allotted to the said respondents on 6 7 1954 Syed Afzal Hussain, respondent in Civil Petition No. 836 of 1976, had been allotted land equivalent to 412 P. I. Units in Village Chaddar, Tehsil and District Multan, as below: "45 Kanals 8 Marlas Nehri 167 Kanals 7 Marlas Banjar Qadeem 16 Kanals 0 Marla Ghair Mumkin." Ibrahim and others, respondents in the other petition, had also been allotted land in the same village equivalent to 68 P. I. Units. On 16 10 1968, the petitioners moved an application under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, alleging that the allottees had secured allotment of land in excess of their entitlement inasmuch as the land . shown as Bangar Qadeem/Ghair Mumkin in their allotment was in fact "Nehri". The Additional Settlement Commissioner by relying on the Khasra Girdawaris for 1947, in the absence of the relevant Special Jamabandi which was not made available to him, ordered cancellation of the excess land. The respondents agitated the matter, first before the Department and failing there, before the High Court, in the result of which it was remanded to the Settlement Commissioner. But the learned officer rejected their revision petitions on 4 3 1976…

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