DIN MUHAMMAD Versus SETTLEMENT AND REHABILITATION COMMISSIONER, MULTAN AND BAHAWALPUR DIVISION

ORDER

1. SHAFIUR RAHMAN J.-- The decision of the Settlement Commissioner impugned in Constitutional Petition proceeds on following facts accepted by the Settlement Commissioner for determining title of respective parties:-

2. "From the above factual position and the perusal of the impugned order, it can be easily said that the petitioner and the respondent could be entitled to what was surrendered to them by the original transferees. It was 100 sq. yards in the case of the petitioner and in case of the respondent it was only 53 sq. yds and it is just according to the surrender deeds in both the cases and that was accordingly ordered by the DSC earlier to the impugned order. This thus will show the Addl. DSC has in fact by the subsequent order reviewed the original order of the DSC which had in fact not been set aside by any competent authority. By the impugned order, the DSC has gone beyond his jurisdiction whereby an additional area has been given to the case of the respondent and certain area has been taken away from the petitioner,"

3. The learned counsel says that all these factual assumptions are totally against the record because there is only one order of transfer by DSC and it gives 99 sq. yds. to Abdullah, the deed of surrender is of the same date as of transfer, there was no question of review by Deputy Settlement Commissioner.

4. Leave to appeal is granted. Let the record be available at Lahore.

5. Security Rs.2500/-.

6. M.I./D-11/S Leave Granted