Civil Appeal No.188 of 2019
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actually in his direct ownership, control and possession. He
has not committed any illegality by not declaring the land
that was only nominally in his name but was actually and
beneficially owned, controlled and possessed by his father.
The learned counsel has drawn our attention to the relevant
land revenue bills and receipts showing that the same were
being issued and paid in respect of land in his possession,
ownership and control. The remaining land was being
cultivated by his father who was receiving revenue bills and
paying the same in relation thereto. He maintains that there
is no dispute regarding authenticity of the said documents.
The learned ASC further submits that the land in question
disclosed by him was ancestral property that devolved on
Respondent No.1 through a family settlement and any
omission to declare the same in the nomination papers could
not be fatal for his case. The learned counsel argues that
there could not have been any ill intent or motive behind the
omission of Respondent No.1 to mention the said land in the
nomination form. He maintains that Respondent No.1 had
declared 683 acres of agricultural land in his nomination
form. He would gain no conceivable incremental advantage or
benefit from hiding a few acres of land specially when the
same was admittedly not even purchased by him but devolved
on him and his children through a family settlement. He also
maintains that Respondent No.1 was contesting election for
the Provincial Assembly for the first time and was not fully
aware of the requirement to be fulfilled in declaration of his
assets. The learned ASC has emphasized that the Appellant