Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 5(5) & 19---State land leased to allottee---Proprietary rights in leased land---Proof---Tehsil Register maintained by Provincial Government---Resumption of leased land---Register of the concerned Tehsil maintained by the Provincial Government revealed that the Commissioner had not recommended conferment of proprietary rights in the leased land, and accordingly lease in question was not approved for transfer of proprietary rights---Heirs of allottee thus lacked entitlement to obtain proprietary rights of the leased land---Supreme Court remanded the case to the Board of Revenue for reviewing its order whereby allottee was held to have become entitled to grant of proprietary rights of the leased land---Supreme Court directed that the Board of Revenue while reviewing its order should bear in mind recommendations made by its Judicial Member for allotment of alternate land to the allotee and his heirs on account of their long standing service rendered for more than 100 years in the development of the land leased out to them---Appeal was allowed accordingly. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 27---Additional evidence before Appellate Court---Supreme Court, jurisdiction of--- Scope--- Authentic documentary evidence consistent with the pleadings and relevant to the findings of the case---Additional evidence facilitating resolution of controversy---Such additional evidence was admissible on record in the Appellate Court---Jurisdiction of the Supreme Court to do complete justice between the parties favoured additional evidence to be admitted in order to meet the ends of justice. Muhammad Tariq v. Shamsa Tanveer PLD 2011 SC 151 and Messrs Bisvil Spinners (Pvt.) Ltd. v. Pakistan PLD 1992 SC 96 ref. (c) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 19---State land leased to allottee---Resumption of leased land---Pre-requisites---Agreement to sell or sale deed of leased land---Unless a sale had been completed, inter alia, by transfer of possession of leased land under an agreement to sell and by conversion of such land to unlawful use, the allottee was not…