MUHAMMAD AFZAL Versus SETTLEMENT COMMISSIONER

In this Writ Petition it is urged that the order of Mr. Muhammad Rafiq in second revision dated the 20th of April, 1962 may be set aside on the ground that he had no power to entertain second revision. In this case the record of the case was not called before the 13th of January, 1962. The petitioner has in support of the contention that the record was not called before the relevant date produced a certified copy of the order of Mr. Muhammad Rafiq dated the 7th of April, 1962 for issuing notice to these parties for the 20th of April, 1962 and for calling of records. The impugned order is, therefore, set aside as being without jurisdiction.

2. The order of Mr. Muhammad Rafiq, however, is that there were two shops even before partition, one in occupation of Amar Nath and the other of Jai Lal, who were paying Rs.60 and Rs.20 p. m. The petitioner does not, therefore, appear to be entitled to two shops. He could only get both the shops if they are treated as one. It is, however, for the Settlement Authorities to decide what action, if any, is necessary in this connection.

3. Learned Counsel for the respondent has put in an application today that some records may be called for. This application should have been made much earlier and I am not inclined to grant it. The application is dismissed.

4. If the respondent finds that there was an earlier order passed before the 13th of January, 1962 to summon the record in second revision he may apply for a review of this order.

H . B . T . / M‑491 / L Order accordingly.