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MIAN MAQBOOL ELAHI versus MIAN SARDAR ALI


Punjab Land Revenue Act 1887 Section 15 Review Financial Commissioner's Practice Only on record, in case of mistake or patent of error

P L D (Rev.) 1955 Punjab 22

Before Nasir Ahmad, Financial Commissioner

Mian MAQBOOL ELAHI‑Petitioner

Versus

Mian SARDAR ALI and another‑Respondents

Revision Side No. 9 of 1954‑55, decided on 21st February 1954, District Montgomery.

Punjab Revenue Act (XVII of 1887)-------

----

S. 15‑Review Practice of Financial Commissioner‑Only in case of omission or error patent on face of record.

Maqbool Elahi, Appellant in person.

ORDER

NASIR AHMAD, F. C.

‑This is a review application against the order dated 25th June, 1954, passed by my learned pre decessor by which he set aside the allotment on tree planting conditions made to the petitioner and restored the land held by the original grantees. The main contention that has been urged before me is that the original grantees had made continuous default in carrying out the conditions of the grant, which was made more than thirty years ago and the grant should not have been restored to them. This is not a point on which a review should ordinarily be granted. The practice of the Financial Commissioner in granting reviews has been uniformly to the effect that reviews are generally allowed only if there is an omission or an error patent on' the face of the record. The question of fact now raised was gone into by my learned predecessor and be came to a definite conclusion adverse to the petitioner. Even if I held to the contrary this would not justify a review. I, therefore, decline to interfere and reject this application.

A. H. Application rejected.

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