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SHAISTA GUL versus SIDDIQUE


West Pakistan Land Revenue Act 1967 Section 164 Government Land Colonization (Punjab) Act (v. 1912), section is a cancellation of grant for possession of land for more than twenty twenty years, canceling such grant will not be legal where The guarantor was already in possession of the land as the owner, paying the full amount
1986 C L C 1676

[Board of Revenue Sind)

Before Amir Yusuf Ali Khan, Senior Member

SHAISTA GUL‑‑Petitioner

versus

SIDDIQUE and 7 others‑‑Respondents

Case No. SROR‑425 of 1984‑85, decided on 7th April, 1986. West Pakistan Land

Revenue Act (XVII of 1967)‑‑

‑‑‑S. 164‑‑Colonization of Government Lands (Punjab) Act (V of 1912), S.24‑‑Cancellation of grant‑‑Grantee in possession of land for more than twenty years‑‑Held, it would not be legal to cancel such grant where grantee had been in possession of land as owner, having already paid full amount.

Anwar Baig Mirza for Petitioner. D.M. Luhano for Intervenors.

ORDER

This is a revision petition filed against the order dated 28‑5‑1985 of the learned Additional Commissioner, Hyderabad whereby he rejected the appeal of petitioner in respect of Serial Nos.625, 626 area 32‑00 Acres in Deh Bhando Taluka Badin.

2. I have heard the parties and seen the record. The land was granted to the petitioner as a Kohat settler and has been with him since 1962, for more than 20 years. The copies of Khasra Girdawari have been produced by the petitioner showing him in possession of the land. It was not legal to cancel this grant when he had made full payment and was enjoying its possession as owner.

3. This revision petition is accepted and the grant of the petitioner is restored.

A.A. Revision accepted.

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