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Civil Petition for Special Leave to Appeal No. 968 of 1975, decided on 4th November, 1980.
(On appeal from the judgment dated 22-5-1975 of the Lahore High Court in W. P. No. 252-R of 1973).
Ss. 10 & 11 and Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal-Contention as to petitioner's rights having not been deter mined in accordance with original revenue record received from India appearing to have some force and true import of entries in relevant columns of Fard-i-Haqqiat received from India also deserving examination, leave to appeal granted and both parties restrained from alienating property till disposal of appeal.
Qamaruddin Meo, Advocate Supreme Court and Sh. Masood Akhtar, Advocate-on-Record for Petitioners.
Ghulam Muhammad Bhatti, Advocate Supremle Court and Ch. Muhammad Aslam for Respondent No. 1,
A. R. shaukat, Senior Advocate Supreme out and Tanvir Ahmad, Advocate-on-Record for Respondent No. 2.
Date of hearing : 4th November, 1980.
.-The petitioners are the legal representatives of Kohli deceased, who had submitted claim Form No. 14201 and 2342 regarding agricultural land abandoned by him and his brother Chohtu in an village Pattan Kalan, Tehsil Tajara, Alwar State.
As a result of the certificates issued by the General Record Office on these claims, certain agricultural land was confirmed in the names of both the claimants. Subsequently on an application from respondent No.1 the Additional Rehabilitation Commissioner cancelled certain portion of the land on the ground that it was allotted in excess of the entitlements. The peti tioners challenged the orders up to the level of the Lahore High Court in W. P. 252/R. of 1973, but failed. They now seek special leave to appeal
.
One of the arguments advanced in support of the petition is that the petitioners' rights have not been determined in accordance with the original revenue record received from India.
After having gone through the papers before us, we feel that this point, amongst others, seems to have some force, and the true import of the entries the relevant columns of Fard Haqiat received from India deserves examina tion by this Court. We, therefore, grant special leave to appeal.
Learned counsel for the petitioners submits that the private respondent A be restrained from disposing of the disputed land till this appeal is decided We feel, however, that it is in the interest of justice to make such order no, only against these respondents, but against the petitioners as well. We. therefore, direct that both the parties shall not alienate or dispose of the disputed land in any manner till this appeal is disposed of. Leave granted.
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