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Civil Petition for Leave to Appeal No. 583 of 1977, decided on 27th April, 1982.
(On appeal from the judgment of the Lahore High Court dated 27th June, 1977 in R. S. A. No. 282 of 1977).
----Art. 185(3) and Colonization of Government Lands (Punjab) Act (V of 1912), S. 19‑Leave to appeal‑Transfer of rights‑Leave granted to consider: Whether agreement to sell land in favour of respondent hit by S. 19 of Colonization of Government Lands (Punjab) Act, 1912.
Allah Wasaya Malik, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record (absent) for Petitioners.
Date of hearing : 27th April, 1982.
One Jiwan was allotted 120 kanals and 1 marla of land in Chak No. 38‑Alif/M. L. Tehsil Bhakkar, District Mianwali, under the Abadkari Scheme, in 1954. He entered into an agreement (Exh. D. 1) to sell the same with Mst. Nasim Akhtar, petitioner No. 2 on 26‑9‑1966 for Rs. 12,000. Subsequently on 29‑1‑1968 she executed another agreement (Exh. P. 3) to sell the same land to Ilam Din, respondent No. 1.
2. On 2‑6‑1970, he (Jiwan) got the proprietary rights in the said land. On the same day he executed the sale deed in favour of Mst. Nasim Akhtar. Ilam Din filed a suit for specific performance against the aforementioned Jiwan and Mst. Nasim Akhtar, petitioner No. 2 on 30‑1‑1971. The learned trial Court decreed the suit by its judgment dated 27‑11‑1974, holding that the agreement (Exh. D/1) executed in favour of Mst. Nasim Akhtar was void. His appeal was dismissed by the learned District Judge, Mianwali and his R. S. A. also met the same fate vide the impugned judgment.
3. He has now filed the present petition for Leave to Appeal against the said order.
4. The only point pressed before us by the learned counsel for the petitioner is that the agreement Exh. P/3, executed by Jiwan in favour of Din was void in view of section 19 of the Colonization of Government Lands (Punjab) Act, 1912, and in support of this submission, he relied on Hakim Ali and another v. Atta Muhammad and others (1981 S C M 8993). Leave is granted to consider the aforementioned question. Security in the sum of Rs. 2,500, with permission to the parties to file any other additional document. To be heard alongwith appeal in C. P. No. 768/1981.
Leave granted.
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