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Civil Petition for Special Leave to Appeal No. 330 of 1974, decided on 24th February 1975.
(On appeal from the judgment and order of tie Lahore High Court Lahore, dated 19th March 1974, in Writ Petition No. 1554/R of 1955.
‑‑ S. 20 & Sched., para. 15‑Area comprised in industrial concern purchased by respondent from Settlement Department only 41 kanals but respondent encroaching upon 60 kanals of agriculture land stand ing transferred to petitioners‑Insertion of correct area of factory in P. T. O. issued to respondents‑Prima facie not a material altera tion‑Contention that High Court's order holding such alternation to be material was not valid, held, has force‑‑Leave to appeal grantee, to consider question.
S. M. Anwar, Advocate Supreme Court, instructed by Khawaja Wali Muhammad, Advocate‑on‑Record for Petitioners.
Khalid Farooq, Advocate Supreme Court, instructed by Wajid Hussain, Advocate‑on‑Record for Respondent No.1
Nemo for Respondents Nos. 2 and 3.
Date of hearing : 24th February 1975,
Petitioners have filed extract from the Urban Immovable Property Taxation Record which shows that the area comprised in the Madina Cotton Factory purchased by the respondent from the Settlement Department at a public suction is only 41 kanals. However, the High Court has set aside the order of the Settlement Commissioner by which the correct area of the factory was entered in the P. T. O. issued to the petitioners as without lawful authority. Reliance was placed on decided cases in which it has been held that only obvious error, in a P. T. O., can be corrected but no material alteration is permissible.
It is urged that no such material alteration .was made in the P. T. O. issued to the respondent. He had purchased the Madina Factory and the area comprised in it was only 4 1 kanals. However, he had encroached upon 60 kanals of agricultural land which stood transferred to the petitioners under the Land Settlement Act anti absolute proprietary rights that come to be vested in him since December 1963, which could not be taken away in ancillary proceedings. In the circumstances, the insertion of the correct area of the Factory in the P. T. O. was, prima facie not a material alteration as held by the High Court.
There is force in the contention raised in the petition. We grant leave to appeal. Security Rs. 1,000.
Leave granted.
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