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

Section: 10 , 55

Law: Cooperative Societies Act, 1925

Section: 54 , 57

  Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10---Contract Act (IX of 1872), S. 55---Cooperative Societies Act (VII of 1925), S.54---Constitution of Paksitan (1973), Art. 199---Cancellation of allotment of plot for failure of allottee to construct house thereon, within time fixed in sale-deed---Restoration of plot in question subsequently---Third person who had secured allotment of a portion of plot disputing its restoration to original allottee on the ground that he was not issued notice before cancellation of his allotment and restoration of same to original allottee-- Effect---Allotment of original allottee was cancelled illegally on the ground that he had failed to raise any construction thereon, within specified period-- In cases. relating to sale of immovable property, time would not be of the essence of contract, and mere failure to raise construction within period fixed in agreement could not result in cancellation of transfer---Matter of cancellation of allotment, as per terms of agreement was referred to Arbitrator who gave his award to the effect that cancellation of plot was illegal-- Allotment in favour of third person relating to portion of plot having been effected after the award of Arbitrator, suffered from illegality and such allottee was thus, not entitled to show-cause notice before cancellation of his allotment and restoration of same in favour of original allottee. Sh. Muhammad Shafi v. The Lahore Improvement Trust PLD 1959 Lah. 1 rel. Salah-ud-Din and others v. Government of the Punjab through Secretary, Education and others 1987 SCMR 305; Syed Ijaz Hussain Sherazi and 28 others v. Secretary, Local Government and Rural Development Department, Lahore and others 199() CLC 230 and Ittehad & Co. v. The Commissioners, Faisalabad and others PLD 1994 Lah. 29 ref. Cooperative Societies Act (VII of 1925)--- ----Ss. 54 & 57---Arbitration Act (X of 1940), S. 14---Award in terms of S. 54, Cooperative Societies Act, 1925 and award in terms of Arbitration Act, 1940,   were distinct to the extent that award delivered by Arbitrator under Cooperative Societies Act 1925, was final under S. 57, Cooperative…