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Revision No. 971 of 1960‑61, decided on 30th July 1961.

paras. 7, 15 & 19‑Land measuring 198 kanals and 15 marlas, given under sale scheme, under joint cultivating possession of 3 persons‑Joint holding not to be taken as greater than subsistence holding‑‑Each joint holder held entitled to purchase land in dispute up to subsistence holding.

Din Muhammad for Petitioner.

Gul Muhammad for Respondents.

1. This is a revision filed against an order, dated the 14th of September 1961, passed by the Land Commissioner, Sargodha whereby he accepted the appeal of the respondents.

2. The facts of the case are that 189 kanals of land in dispute were given to the petitioners under the Sale Scheme and the respondents who were in cultivating possession thereof in 1958‑59 were not allowed to have this land. The respondents went in appeal to the ‑ Deputy Land Commissioner but it was rejected. They then filed a revision before the Land Commissioner who accepted it. Hence this second revision.

3. I have heard the learned counsel for the petitioner. The respondents were not allowed to have this land, because it was stated that three of them jointly owned 198 kanals and 15 marlas of land. The joint holding was taken to be greater than the subsistence holding but it was not realized that the share of each of the three owners was less than a subsistence holding. Each, one of them was, therefore, entitled to purchase the land in dispute up to the subsistence holding specially when they were in possession of the land in dispute in 1958‑59. In these circumstances, the Land Commissioner, rightly interfered. No interference is called for. The revision fails and is rejected hereby. The respondents may be allowed such areas out of the land in dispute as would give subsistence holding to each one of them.

S. Q. Revision rejected.

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