Law:

Section:

Consolidation of Holdings Ordinance (VI of 1960)--- ----S. 10(3)---West Pakistan Land Revenue Act (XVII of 1967), S.164--­Revision ---Maintainability---Consolidation scheme confirmed by Consolidation Officer was challenged by respondent by filing appeal before Collector, but same was rejected on ground of limitation as it was filed with delay of over one year 3 months and 7 days---Order rejecting appeal was assailed before Commissioner who reversed the same---Said order had been challenged in revision---Petitioner had failed to establish that consolidation scheme was confirmed with consent of respondent or that possession of land in dispute had been given to him---So-called consent of respondent with regard to confirmation of scheme was highly doubtful as possession of disputed valuable land had not been changed---Commissioner while accepting revision against order of Collector had given cogent reasons for coming to conclusion that appeal filed before Collector against consolidation scheme. was not barred--­Respondent having been deprived of his valuable land as a result of fraud even otherwise question of limitation would not arise. PLD 1969 Lah. 365 and 1988 SCMR 1449 ref. JUDGMENT Brief facts of the case are that the consolidation scheme of the village Dolekey, Tehsil Hafizabad, District Gujranwala was confirmed under section 10(3) of the Consolidation Ordinance, 1960 by the Consolidation Officer on 31-12-1985. The respondent feeling aggrieved preferred an appeal with delay of one year 3 months and 7 days in the Court of Collector (Cons.), who vide his order dated 25-11-1987 rejected it on the ground of limitation. This order was assailed in revision by the respondents in the Court of Additional Commissioner (Cons.) who vide his impugned order dated 14-3­1989 accepted it. Hence this revision petition. 2. The learned counsel for the petitioners contended that the appeal filed by the respondent before the Collector (Cons.) was barred by one year 3 months and 7 days, which was rightly rejected, that the consolidation scheme was confirmed with the consent of the respondent through his son who put his thumb-impression on the resolutions in which he admitted that…

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