Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-----S. 19---Original allottee assigning/alienating his land which fell within the prohibited zone---Such land not falling within the prohibited zone at the time of its original allotment---Permission required for assigning/alienating such land obtained---Scope--Original allottee (respondent) was allotted land under a scheme and upon execution of a sale agreement with the Provincial Government, he was put in to the possession of the same land---Original allottee subsequently executed a sale deed in favour of the assignee (respondent), after obtaining permission from the Commissioner under S.19 of the Colonization of Government Lands (Punjab) Act, 1912---Assignee applied for "Patta Malkiyat" in regard to the land in question, which request was turned down by the Board of Revenue on the basis that land in question fell in the prohibited zone, however, High Court allowed the same on the ground that at the time of allotment to the original allottee, the land did not fall within the prohibited zone---Contentions of the counsel of Revenue Board (appellant) were that land in question fell within the prohibited zone of the Municipal Committee and in view of a notification issued by the Board of Revenue, proprietary rights could not be granted with regard to such a land; that original allottee had executed a sale agreement in favour of the Provincial Government/ Collector and a clause of the said agreement provided that the allotte would not transfer or alienate the land without the written permission of the Government---Validity---When the land in question was allotted to the original allottee, it did not fall within the prohibited zone and therefore, would not be hit by the subsequent notification relied to by the Revenue Board---Sale agreement between the original allottee and Provincial Government contained a clause to the effect that the original allottee could assign, sublet or transfer by mortgage or otherwise or part with the land or any part thereof, with the written permission of the Government---Admittedly, the original allottee had applied to the Commissioner and obtained the required permission in…

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