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LACHMAN DAS versus THE STATE


West Pakistan Land Reform Regulation 1959 West Pakistan Land Reform Regulation, 1959, Para 15 joint Hindu family documents show property to be ancestral Order to reject request to retain, not interrupted

P L D 1966 W. P. (Rev.) 29

Before I. U. Khan, Chief Land Commissioner, West Pakistan

LACHMAN DAS‑Petitioner

versus

THE STATE‑Respondent

Revision No. 109 of 1958‑59, decided on 9th September 1959.

West Pakistan Land Reforms Regulation, 1959,

para. 15‑Joint Hindu family ‑ Documents produced showing property to be ancestral‑No revenue entry showing petitioner as Manager of joint Hindu family‑Order rejecting request for retention of land, not interfered.

Rochi Ram for Petitioner.

ORDER

This is, a revision filed against an order, dated the 13th 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, Tharparkar, who had allowed the petitioner to retain only 36 acres and 12 ghuntas of land and had rejected his request in respect of other area entered in his Forms LC‑I and LC‑II.

The facts of the case are that the petitioner put in Forms LC‑I and LC‑II. On examination of the records, it transpired that his name did not appear in the revenue records. It was held by the Deputy Land Commissioner that the question of his retaining area did not arise. The petitioner went in appeal to the Land Commissioner but his appeal was rejected. Hence this revision.

I have heard the learned counsel for the petitioner. He wished me to rely on documents which only show the nature of the property to be ancestral. There is no revenue entry which 7 would show the petitioner as Manager of the joint Hindu family. In these circumstances, no interference is called for. The revision fails and is rejected hereby.

S. Q. Revision rejected.

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