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Petitioner: ALLAH BAKHSH VS Respondent: FAZAL DIN
P L D 1966 W
P L D 1966 W. P. (Rev.) 130
Before I. U. Khan, Member, Board of Revenue, West Pakistan
ALLAH BAKHSH‑Petitioner
versus
FAZAL DIN‑Respondent
Revision No. 1690 of 1962‑63, decided on 28th September 1964.
West Pakistan Land Reforms Regulation, 1959, para. 26 Provision transitional‑Applies to land in respect of which orders of resumption or utilization can be passed.
Muhammad Anwar for Petitioner. Respondent in person.
ORDER
This is a second revision filed against an order, dated the 12th of July 1963, passed by the Additional Commissioner, Lahore, whereby the revision preferred by the respondent was accepted.
The facts of the case are that the petitioner brought a suit of ejectment against the respondent and the Assistant Collector 1st Grade passed a decree for ejectment. The respondent filed an appeal before the Collector but it was dismissed. He then went in revision to the Additional Commissioner, Lahore, who accepted it. Hence this second revision.
I have heard the counsel for the petitioner, He has contended that paragraph 26 of the Martial Law Regulation 64 is applicable in this case. I am affraid I cannot agree with this. In the first instance para. 26 of Martial Law Regulation 64 applies only to those lands in respect of which orders of resumption or utilization of land can be passed under the said Regulation. In the second, the provisions of para. 26 were only transitional. They were operative only so long as orders for resumption or utilization of land had not been passed. Such a stage was over long before the institution of the suit for ejectment by the petitioner.
No other point has been urged by the learned counsel for the petitioner. Moreover, I find that the view taken by the learned Additional Commissioner, was perfectly correct. In these circumstances, the second revision fails and is dismissed hereby.
K. M. A. Revision dismissed.