Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 164(4),161

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 164(4),161

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.31

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 10---Specific Relief Act (I of 1877), Ss.42 & 54---Civil Procedure Code (V of 1908), O.XLI, R.31---Grant of State land on permanent tenure---Revoking of grant---Plaintiff filed suit for declaration and permanent injunction that State land in question was placed in Schedule for disposal to Haris/Small Khatidars, but was granted to different persons by the Colonization Officers on permanent tenure---Compromise was arrived at between the parties and defendant/grantee surrendered land in favour of the plaintiff and subsequently it was duly granted to the plaintiff by the Authority---Plaintiff was peacefully enjoying the possession over the suit-land, but after about 18 years, the Member, Board of Revenue, without providing opportunity of hearing to the plaintiff revoked said grant of land in his favour and directed the Colonization Officer to take further action in the matter---Trial Court dismissed suit by the plaintiff and appeal against of the Trial Court was also dismissed---Validity---Appellate Court below instead of framing the points for determination, only reproduced the issues framed by the Trial Court---Appellate Court below though had recognized the grant of land in favour of the plaintiff, but without examining evidence or any Policy document, simply affirmed the order of Member, Board of Revenue that the land was within 20 chains of the village and same was disposed of against the land grant policy---Nothing had been said in the appellate that Appellate Court had examined the legality, validity and propriety of the impugned ---Impugned was set aside and the matter was remanded to the Appellate Court to decide the appeal afresh after hearing the parties. Allahyar and others v. Jiand and others 2010 CLC 1931; Mst. Sughran Bibi and others v. Mst. Jameela Begum and others 2001 SCMR 772 and Muhammad Sadiq v. Secretary to the Government of Pakistan, Ministry of Religious Affairs Zakat and Ushr and Minority Affairs 2002 CLC 1049 ref. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 161 & 164---Appeal and revision---Section 161 of West Pakistan Land Revenue Act, 1967,…

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