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MALIK GHULAM SARWAR versus GHULZAR


The Colonial Law of Punjab (Punjab) Act, 1912, section 1912 applies to the possession of public land and the cultivation of it by the tenants, the provisions of section 34 apply.

P L D 1957 W. P. (Rev.) 45

Before H. A. Majid, Member, Board of Revenue,

West Pakistan

ABDUL SHAKUR‑Petitioner

Versus

THE STATE‑Respondent

Review Side No. 16 of 1956‑57, decided on 29th November 1956, District Montgomery.

Colonization of Government Lands (Punjab) Act (V of 1912)----

----

S.34‑Person seizing Government land and getting it cultivated through tenants‑Provisions of S. 34 applicable.

Ghulam Ali Alvi for Petitioner.

ORDER

H. A. MAJID.

---

He raises two points :‑

(1) That the penalty under section 34 of the Colonization of Government Lands (Punjab) Act, 1912, can be levied only against the person who actually cultivates the land ; and

(2) That there is not enough evidence on the file to show that the actual cultivators in the present case were attorn ing to the petitioner.

On point (2), it is too late for the petitioner to urge any consideration byway of review.

On point No. (1), a person who seizes State land and gets it cultivated through the tenants will be considered to be cultivating the land through those tenants. The law in the said section 34 was, therefore, applied to him.

For the above reasons, I dismiss this petition for review.

K. M. A. Petition dismissed.

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