Law: Civil Procedure Code (V of 1908)

Section: 115,9

Law: Punjab Land Revenue Act, 1967

Section: 172

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

Section: 36

(a) Civil Procedure Code (V of 1908)--- ----S.115---Revision---Transfer of State land---Absence of allotment letter/renewal letter of lease or proof of payment of lagan/rent---Allotment was governed by the notifications issued in furtherance of Grow More Food Campaign---Trial court dismissed the suit filed by respondent against the revenue authorities---District Court allowed appeal in favour of the respondent---Validity---Held, that maximum period of lease was three years---Neither allotment letter was produced before the Trial Court, nor any extension in the lease after expiry of three years---Counsel for the respondent was reluctant to present any allotment letter/renewal letter or proof of payment of lagan/rent failed to establish any lawful authority for possession of State land---Revision petition was allowed accordingly. Fazal ur Rehman and others v. Province of Punjab through District Officer (Revenue) Bhakkar and another 2014 SCMR 1351 rel. (b) Punjab Land Revenue Act (XVII of 1967)--- ----S.172---Colonization of Government Lands (Punjab) Act (V of 1912), S.36---Civil Procedure Code (V of 1908), S. 9---Ousting jurisdiction of Civil Court---Maintainability of suit (revenue authorities) failed to take ground---Scope---Civil court would have jurisdiction to look into the matter even if the jurisdiction of civil court was otherwise ousted under any enactment including the Colonization of Government Lands (Punjab) Act, 1912 as well as the Punjab Land Revenue Act, 1967, when the order and action had been taken in a mala fide and malicious manner, in excess of jurisdiction or without jurisdiction, and the aggrieved person had been left without any remedy---Present case was not maintainable in the Trial Court on this score alone that the orders passed by the revenue authorities were not result of any of the said problems. Mian Muhammad Latif v. Province of West Pakistan through the Deputy Commissioner, Khairpur and another PLD 1970 SC 180; Muhammad Khan and others v. Province of Punjab and others 2007 SCMR 1169; University of the Punjab v. Miss Wajiha Arooj 2008 SCMR 1577; Gul Shah and others v. Hafiz Ghulam Muhammad and others 2009 SCMR 1058 and…

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