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Revision Side No. 119 of 1956, decided on 31st May 1956, District Layallpur.
S. 19--‑Agreement of transfer with Crown tenant who is now evacuee without obtaining sanction of Commissioner‑Not valid‑Sanction by Commissioner.
Karam Elahi Chohan for Petitioner.
The petitioner entered into an agreement with a Crown tenant who has now migrated to India. At the time of entering into that agreement, the petitioner or the other party did not obtain the consent of the Commissioner in writing under section 19 A of the Colonization of Government Lands (Punjab) Act, 1912. The petitioner appears to have parted with the whole considera tion or a substantial part thereof in respect of that agreement.
The petitioner hopes to get the agreement or the transfer of tenancy confirmed by the Custodian of Evacuee Property pro vided I can confirm that agreement under the said Act. The confirmation of the agreement under the said Act is not a recognised. process. If the consent of the Colony Department is necessary, it should have been obtained before carrying out the transfer of the tenancy. The most liberal view could be that permission might be given in circumstances where the transferor would be able to take advantage of the Colony Department's permission. The transferee is now not entitled to deal with the tenancy as a result of the restrictions imposed by the law relating to Evacuee Properties. In these circumstances, it is unfair on anyone's part to expect that the Colony Department would give permission or confirm an agreement of the kind which is involved in this case.
If the Custodian allows the present petitioner to stay in possession of the land in dispute subject to such conditions as he may impose, the Colony Department cannot interfere while the Evacuee Property Law remains in force. If the Custodian takes possession from the petitioner, the Colony Department would similarly be helpless, but in that circumstance it will be open to the petitioner to ask the Custodian to accept the amount paid as a charge on the property of the evacuee to whom the payment was made.
For the above reasons, no interference on my part is warranted in this case. I, therefore, dismiss the petition without issuing notice to the local officers.
K. M. A. Petition dismissed.
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