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Petitioner: MUHAMMAD IBRAHIM AND 3 OTHERS VS Respondent: Moulvi ABDUL REHMAN AND 2 OTHERS
Court Name: Board of Revenue, Balochistan Judge(s): Abdullah Baloch Title: MUHAMMAD IBRAHIM AND 3 OTHERS vs Moulvi ABDUL REHMAN AND 2 OTHERS Case No.: Case No, S.R.O.R. 518 of 1971-72, Date of Judgment:1977-12-04 Reported As: PLD 1986 Rev. 37 Result: Review rejected.
Judgment ORDER ' This is a revision petition against the order dated 26-4-1972 of the learned. Revenue Commissioner, Sind, rejecting the appeal of the petitioners in respect of purchase of B. Nos. 11/1 to 4 and others of Deh Bothero, Taluka Sinjhoro. 2. Facts of the case are already given in the impugned order and need not be reproduced. 3. Heard the counsels for the parties on 1-12-1977 and perused the impugned order when the orders were reserved for today. The main contentions of the counsel for the petitioners are that the two sons of the respondent Moulvi Abdur Rehman were minors at the time of the disposal of the disputed land and that they were not sitting tenants. These points have been dealt with elaboratory by the learned Revenue Commissioner vide his order impugned here. In the definition of "Tenant" as contained in the Sind Tenancy Act, 1950 and the West Pakistan Land Revenue Act, 1967, there is no bar upon minor from being considered as tenants of the land. The respondents were covered by the definition "sitting tenants" and were, therefore, entitled to purchase of the surrendered land in question under the scheme in which the land surrendered under M. L. R. 89 was disposed of to them. The counsel for the petitioners is not able to rebut the findings contained in the impugned order which is comprehensive and quite appropriate in the circumstances of the case and there is no ground for interference with the same. The revision petition merits no consideration which is hereby rejected. Revision rejected.