MANZOOR HUSSAIN Versus SETTLEMENT COMMISSIONER
ORDER
AJMAL MIAN, J.‑‑‑ This is a petition for leave to appeal against the judgment dated 28‑7‑1991 passed by a learned Single .fudge of the Lahore High Court in Writ Petition No.64‑R of 1978 filed by the petitioners against the order dated 24‑10‑1977 of the learned Settlement Commissioner (Land), Lahore, whereby respondent No.2, Hafiz Muhammad Ali's appeal was treated as a revision and was accepted, dismissing the same.
2. The brief facts are that land measuring 17 Kanals 4 Marlas bearing Khasra Nos. 176, 196 and 204 was allotted in the name of Abdul Ghani against RL‑II, Khata No. I in village Gulley Wali, Tehsil Pasroor, District Sialkot, on 6‑3‑1973. The latter sold the same to Barkat Ali, predecessor‑in‑interest of the present petitioners, on 16‑3‑1973 for a consideration of Rs.6,000 against Mutation No.470. Against the above allotment, respondent No.2 filed aforesaid appeal, which was treated as a revision, and the learned Settlement Commissioner exercising the powers of the Chief Settlement Commissioner, through the impugned order, held that respondent No.2 was senior sitting allottee of the above land and, therefore, had preferential right. He, accordingly, cancelled the allotment in favour of Abdul Ghani and allotted the land to respondent No.2 by his above order dated 24‑10‑1977. The petitioners filed the aforesaid writ petition without success. They have, therefore, filed the present petition for leave to appeal.
3. In support of the above petition, Ch. Qamaruddin Khan Meo, learned Advocate‑on‑Record appearing for the petitioners, has vehemently contended that factually respondent No.2 was not an earlier allottee of the suit land as held by the Member, Board of Revenue. In support of his above contention, he has invited our attention to a copy of the order dated 13‑7‑1977 passed by the Settlement Commissioner/Chief Settlement Commissioner, Punjab, Lahore, in Revision No.256‑S.C. (L) filed by Hafiz Muhammad Ali son of Maula Bakhsh i.e. respondent No.2 against one Imam Din son of Mian Bakhsh, wherein it has been clearly held that respondent No.2 did not hold any allotment in village Gulley Wali, Tehsil Pasroor, District Sialkot. His further submission is that the above finding recorded by the learned Member, Board of Revenue, is based on no evidence.
4. We are inclined to grant leave to consider the question, whether the learned Member, Board of Revenue, was justified in canceling the allotment in favour of Abdul Ghani on the ground found favour with him. Leave is, accordingly, granted.
A.A./M‑2230/S Leave granted.