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Appeal No. 328 of 1958‑59, decided on 11th August 1959.
para. 7(1) Tenant under Colonization of Government Lands (Punjab) Act (V of 1912) applying on 7‑10‑1958 for permission to sell his rights in land‑Permission granted by Sub‑Divisional Officer on 19‑11‑1958‑ Such transfer of rights not permissible after 8‑10‑1958‑Validation of sale, held, rightly refused.
Khawaja Abdur Rahim and Ghulam Ali Alvi for Appellants.
This order will dispose of the following two appeals:‑----
(1) Makhdoom Syed Nazar Hussain Shah v. State (No. 328).
(2) Sultan Ali v. State (No. 193).
These two appeals have been filed against orders dated the 25th of June, 1959, passed by the Land Commissioner, Multan, whereby he refused to validate the transfer of rights by Makhdoom Syed Nazar Hussain Shah in favour of Sultan Ali.
The facts of the case are that Makhdoom Syed Nazar Hussain Shah was given the land in question as a tenant under the Punjab Colonization Lands Act, of 1912. On 7th February 1958, he applied to Sub‑Divisional Officer, Khanewal, that he might be allowed to sell his rights to ‑Sultan Ali. This permission was granted to him on 19th November 1958.
Sultan Ali put in an application on 5th January 1959, and requested that he might be granted occupancy rights. It was reported that Makhdoom Syed Nazar Hussain Shah had been granted permission on 19th November 1958, for selling his rights to Sultan Ali, and he might, therefore be granted occupancy rights. The Collector passed an order on 24th March 1959, which was to the effect that Sultan Ali should deposit the consideration money at the rate of Rs. 100 per acre within one month.
Subsequently, Makhdoom Syed Nazar Hussain Shah applied for the validation of the sale mentioned above. This was refused. Hence these two appeals.
I have heard the learned counsel for the appellants. No sale could be effected without the permission of the competent authorities under the Punjab Colonization of Lands Act of 1912. This permission was given after the imposition of the Martial Law. Transfers or creations of any rights are not permissible after the 8th of October 1958. The validation in this case was, therefore, rightly refused. Both the appeals fail and are rejected hereby.
S. Q. Appeals rejected.
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