RAB NAWAZ KHAN Versus ADMINISTRATOR, THAL

ORDER

SAAD SAOOD JAN, J.- -The petitioners' father was owner of 519 kanals and 3 marlas of land in village Khanpur of Tehsil Bhakkar. The said land was acquired by the Thal Development Authority under the Thal Development Act. On 11-12-1972, the petitioners whose father had in the meanwhile died, instituted a suit for permanent injunction. It was based on their assertion that under section 21, Thal Development Act, as amended by the (Thal Development) Act, 1955, they were entitled to the return of 116 kanals. The suit was resisted by the Administrator, Thal who amongst other pleas took up the position that the petitioners had no cause of action. The trial Court upheld this objection and rejected the plaint. The petitioners' first appeal before the District Judge and the second appeal before the High Court remained unsuccessful. They now seek leave to appeal from this Court.

2. The contention on behalf of the petitioners is that they had a statutory right to the return of a part of the acquired land in accordance with the provisions of section 21, ibid. This was denied to them. In the circumstances, the High Court as well as the subordinate Courts were not justified in non-suiting them.

3. The contention raised on behalf of the petitioners needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.5,000. The appeal may be made ready for hearing on the present record with permission to parties to file additional documents, if any. The appeal should be listed for, hearing at an early date.

M.I/R-41/S Leave granted.