ABDUL SATTAR And Others vs HASSAN DIN And Other
This is a petition for special leave to appeal directed against the order of the Lahore High Court, which had declared the allotment of a specific plot of land in favour of the petitioners to be illegal and without lawful authority. The core legal question was whether the subject plot constituted agricultural land or land used for purposes subservient to agriculture within the meaning of the Rehabilitation Scheme, thereby rendering its allotment valid. The Supreme Court held that the petitioners failed to establish that the plot was used for agricultural purposes, noting that the revenue record demonstrated otherwise. Consequently, the court dismissed the petition, affirming the High Court's finding that the allotment was unlawful because the land did not qualify as agricultural land.
- Whether a plot classified otherwise in the revenue record can be deemed agricultural land under the Rehabilitation Scheme without supporting evidence?
- Does the occupation of a plot by multiple families preclude its classification as agricultural land for allotment purposes?
ORDER
SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order dated 4-3-1986 of the Lahore High Court whereby the allotment of Khasra No. 11515 in Chak No.4/R-B, Tehsil Sheikhupura, in favour of the petitioners was declared to be illegal and without lawful authority.
2. The said plot measured 8 kanals 18 marls. The Jamabandi for the year 1946-47 it was classified as According to the comments submitted by the Settlement Department before the High Court it was in the occupation of 35 families with a population of 145. The High Court accepted the assertion of the respondents that as the plot did not constitute agricultural land its allotment in favour of the petitioners was illegal.
3. In support of this petition it is contended that the plot was being used for purposes subservient to agriculture anti as such it was land within the meaning of the Rehabilitation Scheme. There is nothing on the record which may bear out this contention. Even the revenue record produced by the petitioners themselves goes against their contention. In this context it may be mentioned that the earliest revenue record placed on the file is the khasra girdawari for the year 1941. In that document too, the plot is shown as. --This petition is without any merit and is hereby dismissed.