| Citation(s) |
|---|
| 1975 SLG 316 1975 SLD 316 1975 SCMR 440 |
Supreme Court of Pakistan
Civil Appeal No. 285 of 1969, decision dated: 18th March 1975.(On appeal from the judgment and order of the erstwhile High Court of West Pakistan, Lahore, dated the 15th July 1966, in Writ Petition No. 2 of 1963)
HAMOODUR RAHMAN, C.J., SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
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Civil Appeal No. 285 of 1969, decision dated: 18th March 1975.(On appeal from the judgment and order of the erstwhile High Court of West Pakistan, Lahore, dated the 15th July 1966, in Writ Petition No. 2 of 1963)
HAMOODUR RAHMAN, C.J., SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
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Sardar HABIB ULLAH KHAN
VS
PROVINCE OF WEST PAKISTAN AND OTHERS
Law:
Section:
Colonization of Government Lands (Punjab) Act (V of 1912)----S. 15-Appellant though paying up full amount of purchase money yet not fulfilling basic condition of being a hereditary lamberdar--Appellant, held, rightly found to be deemed a tenant of land and not qualified to acquire proprietary rights of same. Anjuman-e-Ahmadiya, Sargodha v. The Deputy Commissioner, Sargodha P L D 1966 S C 639 distinguished. JUDGMENT SALAHUDDIN AHMED, J.--This is an appeal by special leave of this Court. Leave was granted to consider whether the facts of the case are covered by the decision of this Court in 4nJurnaa-e.Ahrna-J!ya, Sargodha v. The Deputy Commissioner, Sargodha (PLD1966SC639.). The appellant has been aggrieved by an order of the respondent--Government dated the 28th of August 1962 whereby as earlier order granting the appellant permission to deposit price in respect of certain land as Lamberdari grant was cancelled. The appellant faired to get the impugned order set aside on a writ petition before the erstwhile High Court of West Pakistan, Lahore seat. It appears that the appellant was appointed as Lamberdar in September 1940, and obtained a half square of land as Lambrrdari grant, in June 1950. Under the terms and conditions then existing Lamberdari land grantees were not entitled to acquire proprietary rights in such land. Subsequently by a memo. dated 22-5-1951 the then Government of Punjab decided to give option of purchasing the proprietary right in respect of such lands to hereditary Lamberdars. Such option was to be exercised within one year of the date of the issuance of the memo. i.e. before the 22-5-1952. The appellant applied on the 15th of May 1952 for permission to deposit the price of the said Lamberdari land amounting to Rs. 21,870. Having received the permission by a letter of the Government of Punjab dated the 4th of May 1953, he deposited the amount on the 19th of June 1953. However, no sale deed was ever executed in respect of the said land. In the meantime on the 1st of January, 1962 the appellant entered into an agreement for the sale of the land in dispute with respondents Nos. 2 and 3. The appellant's case is that all of a sudden without…
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