Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 185(3)-West Pakistan Land Reforms Regulation, 1959 [M.L.R. 64], para. 9(e), (f )-Sale of land in excess of entitlement-Leave to appeal granted to examine argument that respondent having failed to indicate existence of orchard in Forms L.C.-I and L.C.-II could not have re-opened matter particularly after sale of land in dispute in favour of petitioner and having failed in first round of litigation before Land Commission Authorities. (b) West Pakistan Land Reforms Regulation, 1959 (M. L. R. 64)- -- Para. 9(e), (f )-Sale of. land in excess of entitlement-Right of land-holder to retain orchard, included in disputed land, in his favour, mostly on consent of parties, finally determined by High Court Appellant's Counsel unable to press appeal on ground for examination of which leave to appeal was granted- Appeal dismissed. Taj Muhammad Khan Langah, Advocate Supreme Court and Rana M.A Qadri, Advocate-on-Record (absent)- for Appellants. Respondent No. 1: Ex parte. Ch. Akhtar Ali, Advocate-on-Record for Respondent No. 2. Date of hearing: 11th June, 1984. JUDGMENT' MUHAMMAD AFZAL ZULLAH, J.-This appeal through leave of this Court is directed against order dated 1-11-1974 of the Lahore High Court whereby a Constitutional petition arising out of Land Reform case was dismissed in limine. Respondent No. 2 being owner of large areas of agricultural land in the Districts of Multan and Bahawalpur and elsewhere filed declaration under M. L. R. 64 of 1959. He it is stated retained land equivalent to 36,000 P. I. Unit,, to himself in addition to gifts of land equivalent to 18,000 P. I. Units made by him in favour of different persons including his heirs. He is stated to have surrendered the remaining area owned by him which included the 196 Kanals 14 Marlas of land regarding which the appellants' claimed to be the cultivating tenants. It is further asserted by them that under the Sales Scheme they having the first option to purchase the said land paid Rs. 5,062 and consequentially a mutation sanctioned in their favour on 25-4-1962. According to the learned counsel the respondent No. 2 moved D. L. C. Rahimyar Khan to allow him to retain…

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