Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 10,19A,36

Law: Specific Relief Act, 1877

Section: 42

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss.10, 19-A & 36---Specific Relief Act (I of 1877), S.42---Suit for declaration---State land, lease of---Revenue record from years 1970 to 2003 showing original allottee to be in possession of suit land under five years lease---Death of original allottee not certain---Declaration sought by legal heirs of original allottee to be tenant of suit land--Validity--Not original allottee, but his legal heirs had also continued with possession of land without any lawful authority after lapse of initial period of lease---Plaintiffs' possession over suit land was illegal, thus, they had no vested title or right, denial of which could have given them a cause of action---Civil Court had no jurisdiction to entertain such suit---Plaintiffs had remedy to approach Revenue Authorities---Suit was dismissed as not maintainable. Islamic Republic of Pakistan v. Messrs Conforce Limited and others 2001 CLC 1741 and Haji Muhammad Asghar v. Malik Shah Muhammad Awan PLD 1986 SC 542 rel. (b) Jurisdiction--- ----Mere absence of objection in respect of jurisdiction or consent of parties could not confer jurisdiction upon a court to decide case on merits. Islamic Republic of Pakistan v. Messrs Conforce Limited and others 2001 CLC 1741 and Haji Muhammad Asghar v. Malik Shah Muhammad Awan PLD 1986 SC 542 rel. THIS ORDER PASSED BY: MUHAMMAD ASHRAF BHATTI, J.--- This civil revision is directed against, the concurrent findings of both the learned courts below whereby the suit for declaration, filed by the petitioners has been dismissed by the learned Senior Civil Judge, Nankana by judgment and decree dated 4-9-2008 and the same was upheld by the learned Additional District Judge by judgment and decree dated 14-1-2009. 2. Brief facts of the case are that suit land, fully described in the head note of the plaint, originally barren when allotted to their father/predecessor-in-interest, namely, Sultan under "Ghair Dakheel Kar Scheme" in the year 1968, was brought into cultivation after incurring huge expenses on its improvement, including, installation of a tubewell, and since then, they are enjoying, possession of the same. In…

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