Civil Appeal No.188 of 2019
4
.
contrary to the settled law declared by this Court from time to
time in its various pronouncements noted above. It was
therefore unsustainable.
4.
On
the
other
hand,
learned
counsel
for
Respondent No.1 has vigorously defended the impugned
judgment. He submits that the original allegations of the
Appellant were based upon misunderstanding of the property
documents of Respondent No.1. He maintains that the only
ground urged by the Appellant before the Election Tribunal
was that Respondent No.1 just disclosed 61 acres of
agricultural land in Deh Khedkar, District Larkana whereas
he owns 140.24½ acres of land in the said Deh. In this
regard, the learned counsel submits that Respondent No.1 in
his nomination papers disclosed 61 acres of agricultural land
in Deh Khedkar, District Larkana, 622 acres in Deh Raju
Dero, District Khairpur and one Otaq/Bethak in Mohallah
Waleed, Larkana. With great vehemence, the learned ASC
submits that the explanation of Respondent No.1 for not
mentioning the remaining portion out of 140.24½ acres of
land admittedly recorded in his name in the relevant revenue
records was that a part of the remaining land approximately
16 acres had been acquired by the Government of Sindh
whereas the rest was (although nominally in his name or in
the name of his minor children) actually is in the beneficial
ownership, control and possession of his father. The learned
counsel
contends
that
Respondent
No.1
had
correctly
declared the full extent of all immovable properties that are