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Civil Petition for Special Leave to Appeal No. 157‑R of 1981, decided on 11th November, 1981. .
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 24‑6‑1981 in Writ Petition No. 3208 of 1981).
Colonization of Government Lands (Punjab) Act (V of 1912)‑
‑-Ss. 7 & 12 read with Notification No. 3215‑79/3937‑CII, dated 3rd September, 1979, para. 3 cl. fourthly‑Lease, renewal of‑Petitioner's eligibility to renewal of grant under para. 3, cl. fourthly not considered either by Revenue authorities or High Court‑Assistant Commissioner in his order relying on Circular of Board of Revenue already superseded by Notification dated 3rd September, 1979‑Leave to appeal granted, in circumstances.
Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 11th November, 1981.
.‑Admittedly the petitioner was a sub tenant of some land in Squares Nos. 113 and 126 (lots Nos. 7 and 16) in Chak No. 125/15‑L. Tehsil Khanewal, which was leased out to his brother along-with the other squares on 22nd of August, 1968, under the Tender Scheme for a period of 10 years. On the expiry of this period his brother applied for proprietary rights of the laud leased out to him. He was allowed to retain lots Nos. 5 and 14 which was entered in his name as "Khud Kasht" : but as for land included in the other lots, the grant was denied to him as he did not till the soil and instead the petitioner was recorded as a sub‑tenant. The eligibility of the petitioner to retain it as a sub‑tenant was not recognized as it was held that he was an Advocate and practised at Khanewal and therefore, he could not be regarded as the "actual tiller" by virtue of a circular of the Board of Revenue dated 7th of February, 1978. He was further asked to surrender the land in his possession. He appealed to the Commissioner and also filed a revision before the Board of Revenue but did not succeed. His Constitutional Petition was also dismissed.
In seeking leave to appeal Ch. Akhtar Ali A. O. R. on his behalf relies on Para. 13, clause fourthly of the Notification No. 3215‑79/3937‑C II, date 3rd of September, 1979, in support of his eligibility to the renewal of the grant in his favour which eminently was not considered either by the Revenue authorities or the High Court. Further, the Assistant Commissioner, Khanewal in his order dated 23rd of December, 1979, relied on, circular of the Board of Revenue which was superseded by this Notification.
This submission needs consideration as undisputedly he was cultivating the land as a sub‑tenant of his brother who was the original lessee of the land and was found as ineligible to purchase the proprietary rights under the conditions laid down in this Notification. Accordingly, we would grant leave to appeal to the petitioner. Security for costs Rs. 2,000. In the meantime status quo as to possession. The appeal arising out of his petition shall be heard on the present record with liberty to the parties to file additional documents, if any.
Leave granted.
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