Case Details

Citation(s)
2013 SLG 2138 2013 SLD 2138 2013 YLR 206
Lahore High Court
Civil Revision No. 626 of 2011, decided on 13th April, 2011
SH. AZMAT SAEED, J
Mian Shah Abbas for Petitioners. Qazi Khurshid Alam Siddiqi for
Respondents

MUHAMMAD RAMZAN and anothers

VS

PROVINCE OF PUNJAB through DOR and 10 others

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)---- ----S. 30---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1, 2----Acquisition of proprietary rights---Temporary injunction, grant of----Suit of petitioner assailing order of Member, Board of Revenue and grant of temporary injunction was dismissed by civil court and Appellate Court---Contention of the petitioners was that land in dispute was granted to them by temporary lease thereafter proprietary rights to the same had been conferred upon them by the Provincial Government--Validity---Disputed land admittedly was acquired for the Thal Development Authority, therefore, any surplus land would be the entitlement of the land-owners by way of return---Petitioners, in the present case, had specifically stated that they were tenants and not the owners of the land---Land could only be adjusted in favour of the land-owners, and the petitioners, in circumstances, were not entitled to the land---No proprietary rights could be granted to any third party as land did not belong to the Provincial Government---Courts below had rightly concluded that petitioners did not have a prima facie case---Orders of the courts below were based on correct appreciation of facts and circumstances of the case and law applicable thereto---High Court did not find any material irregularity in exercise of jurisdiction---Revision was dismissed. ORDER SH. AZMAT SAEED, J.---This Civil Revision is directed against the judgment dated 22-2-2011, whereby the appeal filed by the petitioners against the order dated 8-3-2010 was dismissed. 2. Brief facts necessary for adjudication of the lis at hand are that the present petitioners filed a civil suit to call in question the order dated 24-10-2009 passed by the Member Board of Revenue, whereby it was inter alia held that the petitioners were not entitled to the land in dispute and they had fraudulently obtained proprietary rights thereto. Along with the plaint, an application for grant of temporary injunction was filed. Both the suit as well as the application for grant of temporary injunction was resisted. The trial Court, vide its order dated 8-3-2010, dismissed the application for temporary…
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