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Civil Petition No.692 of 1979, decided on 4th October, 1983.

(On appeal from the judgment dated 27.6.1979 of the Lahore High Court in I.C.A.No.98 of 1979)

‑‑‑Art. 185(3)‑‑Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.3 (1) (6)‑‑Leave to appeal granted to consider question whether phrase "land occupied by any person" occurring in S.3(1) (b), Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, referred to original allottee/purchaser from him or to tenant in actual possession.

Muhammad Fazil v. Settlement .Commissioner & others Civil Petition No. 80 of 1981 fol.

A.R. Shaukat, Sr. Advocate Supreme Court and M. Aslam, Advocate- on‑Record for Petitioner.

Shahzad Jehangir, Advocate Supreme Court for Respondents. Date of hearing: 4th October, 1983.

‑‑ Respondent No.2 purchased some agricultural land from its allottee. It was later discovered that the allottee had obtained the allotment far in excess of his true entitlement resulting in cancellation of the excess allotment. Respondent No.2, therefore, submitted an application for purchase of the land. The petitioner, who was cultivating the land and has been described as a tenant at will" under Respondent No.2 also applied to purchase it. The application of Respondent No.2 was granted, while that of the petitioner denied.

The provision of law governing the situation is clause(b) of subsection (1) of section 3 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 which to the extent relevant provides:‑

"(b) In the case of rural properties, by the Board of Revenue of the Province under a scheme to be prepared by the Provincial Government in this behalf:

Provided that agricultural land occupied by any person continuously for four harvests immediately preceding Kharif 1973 snail first be offered for sale to such person unless an order of ejectment has been passed against him in respect of such land."

The question for consideration is whether the phrase "land occupied by any person" refers to the original allottee/purchaser from him or to the tenant in actual occupation of the land.

Leave to consider a somewhat similar question has been granted by this Court in Muhammad Fazil v. Settlement Commissioner and others Civil Petition No.80 of 1981. Leave is, accordingly, also granted in this matter.

Both the matters to be put up for hearing together. Security Rs.2,500.

The appeal to be made ready on the present record with liberty to the parties to add further documents, if any.

S. Q. Leave granted.

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