MUHAMMAD SHARIF Versus MANZOOR HUSSAIN

ORDER

1. NASIM HASAN SHAH, J.- -The question involved in this case is whether the petitioner had indeed submitted an application for transfer of the disputed property under Settlement Scheme No.VII on 30-3-1965, i.e. at a point of time when the old Settlement Scheme NO.VII was still in force, so that the provisions of the said Scheme and not the Revised Settlement Scheme NO.VII were applicable to his case?

2. The learned Settlement Commissioner in his order dated 11-5-1974 (while reversing the order of the Assistant Settlement Commissioner and that of the Deputy Settlement Commissioner) held that no application, as alleged, was submitted on 30-3-1965, which finding has been upheld by the High Court while rejecting the petitioner's writ petition filed to challenge the aforesaid order of the Settlement Commissioner and by this petition for leave to appeal it is again attempted to be argued that an application for transfer was submitted on 30-3-1965 by the petitioner entitling him to have his case disposed of under the terms of that Scheme.

3. After perusing the relevant record, however, we are inclined to agree with the finding recorded by the Settlement Commissioner and upheld by the High Court that the petitioner had not satisfactorily established that he had submitted any application for transfer on 30-3-1965 under the old Settlement Scheme No.VII. In this view o the matter no ground subsists for interfering with the orders impugned before us.

4. This petition, therefore, fails and is dismissed hereby.

5. M.I./M-341/S Petition dismissed.