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

Section: 24,36,10(2)(5)

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

Section: 24,36,10(2)(5)

Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss. 10 & 24---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), Ss.39, 42 & 54---Suit for cancellation of document, declaration and injunction---Interim injunction, grant of---Breach of conditions of lease---Cancellation of lease hold rights---Suit-land was given on lease to plaintiff but it was cancelled on the allegation of violating terms of lease agreement---Plea raised by plaintiff was that on the date of presentation of plaint possession of suit land was with him---Validity---Prima facie order, whereby land of plaintiff was resumed, was tainted by material illegality and there had been complete violation of proviso to S.24 of Colonization of Government Lands (Punjab) Act, 1912---Manner in which defendants acquired land being claimed by them and use to which they were putting that land was also open to serious question and doubt---Entire transaction suffered impropriety and illegality and it appeared that relevant provisions of Colonization of Government Lands (Punjab) Act, 1912 and conditions prescribed there under had been flouted---All such emerged from documents and record relied upon by defendant themselves---Distinct liability was on record that suit property overlapped at least in substantial part with land being claimed by defendants---Plaintiff had made out a case for interim relief as he had been unlawfully denied land to which he was entitled by way of leasehold rights---Land might well be in the hands of other persons, who were putting it to use that could render it unusable for plaintiff and contrary to law---Balance of convenience was in favour of plaintiff and against defendants---Plaintiff would suffer irreparable loss and injury if interim relief was not granted---High Court granted interim injunction in shape of status quo order---Application was allowed in circumstances. Super Drive-in Ltd. v. Province of Sindh and others 2012 CLC 117; Horticultural Society of Pakistan and another v. Province of Sindh and others 2005 CLC 1877; Abbasia Cooperative Bank and another v. Hakeem Muhammad Ghaus and others PLD 1997 SC 3; Imam Buksh v.…

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