HAKAM ALI Versus MEMBER, BOARD OF. REVENUE

ORDER

1. JAVID IQBAL, J .‑‑This petition for leave is directed against the judgment of the Lahore High Court, Lahore, dated 25th April, 1982 whereby writ petition of the petitioner was dismissed. Briefly the facts are that Mst.Fakhar‑un‑Nisa (respondent No.3) was allotted some agricultural land. Thereafter, a portion of the same was surrendered by her in pursuance of the provisions of Martial Law Regulations, which the Provincial Government thereafter sold to her on the aground that it formed part of her original allotment.

2. Learned counsel for the petitioner argues before us that the petitioner's claim is based firstly on the fact that he was in cultivating possession of the disputed land and that it had never been allotted to respondent No.3, and secondly that she had not exercised option to purchase the same within the specified period. The findings of fact arrived at in the orders of the Revenue Authorities as well as learned Single Judge of the Lahore High Court, Lahore are to the effect that both these averments of the petitioner were without any substance. The portion of the land in question which she had surrendered was originally allotted to her and further more she had exercised her option to purchase the surrendered land within the prescribed period. Even if she had failed to pay the instalments, she was given an opportunity to pay the same of which she had taken advantage. Since this is the position, no interference is called for in the impugned judgment. As a result this petition is dismissed.

3. M.I. /H‑49/S Petition dismissed.