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Revision No. 105 of 1958‑59, decided on 9th September 1959.
paras. 9(e) & 15‑Area under garden‑Whole area either to be treated under orchard or classed as land‑Treatment of one portion as orchard and rest as land not justified.
Nematullah for Petitioner.
This revision has been filed against an order, dated the 16th of July 1959 passed by Land Commissioner, Hyderabad, whereby he rejected the appeal preferred by the petitioner against orders passed by the Deputy Land Commissioner, Hyderabad, who had refused the request of the petitioner that a portion of his garden should be treated as land.
The facts of the case are that the petitioner filed Forms LC‑I and LC‑II. While passing orders thereon, the Deputy Land Commissioner took the whole of the area under garden (namely 97 acres and 3 ghuntas) as area under an orchard. The petitioner felt aggrieved and went in appeal to the Land Commissioner who rejected it. Hence this revision.
I have heard the learned counsel for the petitioner. He wishes that only a part of the garden should be treated as an orchard and the rest should be treated as land, because the trees in that portion were very young. Either the whole of the area has to be treated under orchard or it has to be classed as land. The request of the petitioner treating a portion of the garden as an orchard and the rest as land, is not justified. The revision fails and is rejected hereby.
S.Q. Revision rejected.
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