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Civil Petition for Special Leave to Appeal No. 145 of 1969, decided on 23rd October 1969.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 17th February 1969, in L. P. A. No. 246 of 1968.)
, Sch., Part IV‑‑Auction of saltpetre factory Actual area comprising of 11 kanals but same inadvertently shown in P. T D. as 16 kanals‑Auction purchaser not entitled to claim excess 5 kanals on ground that once P. T. D. issued Settlement Authorities cannot amend its terms‑Such clerical mistake can always be corrected by authorities.
Muhammad Akram Raja, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 23rd October 1969.
The petitioner purchased a saltpetre factory situated in Sargodha Town comprising an area of I I kanals of land at an auction held by the Settlement authorities for Rs. 77,000. Later on, he laid claim to the transfer of the site of the adjoining factory also on the assertion that the area of the factory sold to him was mentioned, in the P. T. D. as 16 kanals. The Settlement authorities promptly rejected this exaggerated claim and the High Court has declined to interfere with their orders in writ jurisdiction.
It was not disputed before the Letters Patent Bench of the High Court that the area purchased' by the petitioner was 11 kanals, but it was contended that once a P. T. D. was issued in respect of 16 kanals of land the Settlement authorities did not have the authority to amend its terms and reduce the area men tioned in it to 11 canals. The plea was wholly devoid of force as it was a case of clerical mistake in the P. T. D. and the authority making it had the power to amend it. In any case, the P. T. D. did not entitle the petitioner to the site of the adjoining factory.
The petition for leave to appeal is thus wholly without any merit and is dismissed hereby.
Leave refused,
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