Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss. 4 & 10---Tenancy under Horse/Mule Breeding Scheme---Nature and grant of---Such tenancies being scheduled tenancies, were not heritable--­Government was under no obligation to grant lease to heirs of deceased tenant---Such tenancy could be granted to anyone of the heirs of deceased tenant who was considered to be fully capable of satisfactorily carrying out conditions of grant in all respects for the unexpired period of lease--­Discretion had to be exercised in terms of the report of District Remount Officer about suitability of any of the heirs of deceased tenant. PLD 1976 SC 435, NLR 1979 (Revenue) 113 and Manual of Colonization Laws issued between 1942 to 1963 ref. ORDER Abdul Qayyum Khan son of Muhammad Khan submitted an application to District Collector, Khanewal on 20-1-1986 praying therein that horse breeding tenancy allotted to Ahmad Khan, his brother, after the demise of their father who was original grantee, vide order, dated 3rd August, 1972 of District Collector, Multan was liable to be cancelled owing to non-­fulfilment of conditions of grant made in favour of Ahmad Khan. According to him, as narrated in the application, District Collector, Multan had allotted the said tenancy to Ahmad Khan after an agreement was made between the brothers that half of the produce of the tenancy would be continued to be given to the applicant during the currency of the lease. Since Ahmad Khan has discontinued payment of half of the produce to the applicant, the grantee had forfeited his right to retain the lease. It was further prayed that after cancellation of the grant of Ahmad Khan, the tenancy may be allotted to him. District Collector, Khanewal heard Ahmad Khan and vide his order, dated 27th of December, 1988 cancelled the lease from his name. The operative part of this order is reproduced as under:------------ "An examination of both the letters hearing same No.15/69/Camp., dated 1-10-1985, received from District Remount Officer, Sahiwal, shows that the entries regarding renewal period of the tenancy from 10-12-1982 to 9-12-1985 and 10-12-1985 to 30-6-1988, respectively, were fictitious and…

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