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

Section: 19

(On appeal from the judgment and order of the High Court of West Pakistan, Bahawalpur Circuit, Baghdad-ul-Jadid, dated the 19th March 1969, in R. S. A. No. 44-63/BWP). Colonization of Government Lands (Punjab) Act (V of 1912), S. 19-Allotment of land to H on Bara conditions-Land subsequent ly resumed for non-payment of installment price-H, thereafter, on receiving Rs. 100 advance, entering into oral agreement with S to transfer land to him after getting it restored-Land restored and H then applying for permission under S. 19 for alienation--Sanction granted and S depositing entire sale price into Government treasury ---H, on restoration of land to him transferring, however, same land to A for Rs. 1,000 and executing registered sale deed in his favour Held : first transaction by H with S (being based on oral agreement prior to obtaining of sanction under S. 19 and at time when land stood resumed) invalid and created no impediment to second transac tion in favour of A-Transfer in favour of A, held, valid. Date of hearing : 29th October 1969. JUDGMENT SAJJAD AHMAD, J.-One, Muhammad Hayat, predecessor-in interest of respondents 7-10, secured allotment of the disputed land measuring 200 kanals situated in Chak No. 332-H. R., Tehsil Fort Abbas, on Bara conditions. The land was, however, resumed by the Government for non-payment of the installments of the price by Muhammad Hayat. According to the petitioners' case who are the children of one, Sultan Muhammad Hayat then entered into an agreement with their father, whereby land was transferred to Sultan for a consideration of Rs, 562 out of which Rs. 100 were paid and the balance was to be paid on the restora tion of the land to Muhammad Hayat. The land was ultimately restored to Hayat who applied on the 19th of April 1945, for its alienation in favour of Sultan under section 19 of the Coloniza tion of Government Lands Act. This permission was granted on the 25th of November 1945. Sultan deposited the entire sale price thereafter in the Government treasury. Hayat thereafter went back on his agreement with Sultan and transferred the same land to one, Attaullah, for a considera tion of Rs. 1,000 by a registered deed…