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Civil Petition for Special Leave to Appeal No. 454 of 1976, decided on 21 at October, 1981.
(On appeal from the judgment and order of the
Lahore High Court dated 30‑5‑1975 in W. P. 758‑R/70).
Constitution of Pakistan (1973)‑
‑‑‑ Art. 185 (3)‑Leave to appeal sought on grounds (i) High Court failed to note Deputy Custodian having already granted a declaration as to one‑half of land being non‑evacuee property and such orders being legally operative should have been given effect to unless legally set aside (ii) entries in relevant Jamabandi in favour of petitioner carried a presumption of truth under section 44 of Land Revenue Act, 1967 and such presumption not to reubutted‑Points raised, held, require consideration‑Leave granted.
Malik Muhammad Qayyum, Advocate Supreme Court and S. Wajid Hassain, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 21st October, 1981.
‑Learned counsel argues that the High Court has failed to note that the Deputy Custodian by his orders dated 21‑3‑1957 (page 34) and dated 6‑4‑1968 (page 36) bad already granted a declaration that one‑half of the land was non‑evacuee property. He submits that these orders were legally operative in the field and should have been given effect to unless legally set aside which according to him was never done. He further submits that entries in the relevant Jamabandi which was in favour of the petitioner carried a presumption of truth under section 44 of Land Revenue Act and that there was no rebuttal to displace that presumption. On the other hand there rather existed, he submits, a correspon ding mutation duly supporting the Jamabandi entries and showing that one, half of the land was non‑evacuee property. Learned counsel submits that the failure to attend to the aforesaid factual and legal aspects of the matter has resulted in miscarriage of justice. The points inter alia raised require consideration. We consequently grant leave to appeal. Security Rs. 2,000.
Leave granted.
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