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Colonization of Government Land (Punjab) Act, 1912 (V of 1912)-- ----Ss. 10 & 36--Constitution of Pakistan, 1973, Art. 185(3)--Leave to appeal--Proprietary rights--Jurisdiction of civil Court--Allotment of land under Grow More Food Scheme--Appreciation legal and factual aspect of controversy--Question of--Determination--Whether land in-question could have been cancelled prior to expiry of five year--Scope of--Auction on tender to public-at-large--Entitlement--Civil Court had the jurisdiction to decided the controversy--All the allottees under the Grow More Food Scheme were entitled to acquire the proprietary rights irrespective of the date of allotment and date of termination of lease--Stipulated period of five years was not completed--Physical possession of land was handed over to the appellants in March 1957 and period of five years would be completed after Rabi 1962 and thus the land in-question by no stretch of imagination could have been resumed and included in the scheme of schedule to be given through auction on tender to public-at-large because it was not available for such question--Appeal accepted. [Pp. 1035 & 1037] A & B PLJ 1992 SC 49; 1985 SCMR 817; PLD 1980 SCmr 139; PLD 1983 Lah. 294; PLD 1954 Lah. 253 & PLD 1958 SC 104 ref. Judgment Javed Iqbal, J.--This appeal with leave of the Court is directed against the judgment dated 12.1.2000 whereby RSA preferred on behalf of appellants has been dismissed. 2. Leave to appeal was granted by means of order dated 30.1.2000 which is reproduced herein below to appreciate the legal and factual aspects of the controversy:-- "The land in dispute was allotted to the petitioner under Grow More Food Scheme admittedly on 14-12-1956. The possession was delivered to them in pursuance of the said allotment in March, 1957 as per findings recorded by the trial Court in the judgment dated 29-11-1987 through which their suit was decreed. 2. According to the policy decision of the Punjab Government, the land of the such allottees whose lease had expired on or before Rabi 1962 was to be resumed and included in the scheme of schedule of tender to be given through auction on tender to public-at-large. 3. The…

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