MUHAMMAD BOOTA And 2 Others vs PROVINCIAL GOVERNMENT Through Collector, Faisalabad And Other
This petition for leave to appeal arose from a civil suit concerning a dispute over 4 kanals and 6 marlas of evacuee land forming part of Killa No. 2, Square No. 26 in Chak No. 44g/Gt, Tehsil Samundri. The entire killa had originally been allotted to the petitioners' deceased father, who voluntarily offered it for the establishment of a school in 1954. Consequently, the Assistant Rehabilitation Commissioner confirmed the allotment of the whole killa in favor of the school in 1957 in the presence and with the consent of the father. Over 21 years later, the father instituted a civil suit claiming ownership and possession over a portion of the killa. The suit was initially decreed by the trial court, but the decision was reversed on appeal by the Additional District Judge, and the petitioners' revision petition was subsequently dismissed by the High Court. The Supreme Court affirmed the High Court's decision, holding that the allotment was consented to and remained unchallanged for decades without evidence of possession, thus dismissing the petition.
- Whether a party who consented to an allotment of evacuee land to a public institution can challenge the transaction after a lapse of over two decades?
- Can a claim of ownership over allotted evacuee property be sustained without producing evidence of possession during the intervening period?
- Should leave to appeal be granted against concurrent findings upholding an unchallenged allotment order made by an Assistant Rehabilitation Commissioner?
ORDER
SAAD SAOOD, JAN, J.---The dispute in this petition for special leave to appeal relates to about 4 kanals and 6 marlas of land forming part of killa No.2 of Square No.26 situate in Chak No.44g/Gt of Tehsil Samundri. The area of the entire killa is 8 kanals and 13 marlas. It was evacuee property and was allotted to Chanan, father of the petitioners. Sometimes in 1954, a school was established in the Chak. The land-owners of the Chak donated land to the school. On his part, Chanan offered the whole of killa in question to the school. Accordingly, with his consent an Assistant Rehabilitation Commissioner by an order dated 18-1-1957 confirmed the allotment of the entire killa in the name of the school. More than 21 years later Chanan filed a civil suit claiming that he was owner of about 4 kanals and 6 marlas in the killa in question and that the same had never been in possession of the school. The suit was decreed by the trial Court but in appeal it J was dismissed by the Additional District Judge, Faisalabad. The petitioners filed a revision petition in the High Court but without any success. They now seek leave to appeal from this Court.
2. As noticed earlier, the killa in question was allotted on to the school by the Assistant Rehabilitation Commissioner on Chanan and after his death his sons did not agitate against the order Assistant Rehabilitation Commissioner. In fact Chanan was present in the time of the confirmation of the allotment. There is also no evidence indicating that between 1957 and 1975 he was ever in disputed portion of the killa. In the circumstances, the High Court and the Additional District Judge were justified in rejecting his claim to the land in dispute. This petition is without any merit and is hereby dismissed.