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

Section: 10

  Colonization of Government Lands (Punjab) Act (V of 1912)--- S. 10 --- Grow More Food Scheme --- Islamabad Oustees Scheme --- Petitioner having been allotted 'land under "Grown More Food Scheme" remained in possession of same throughout as his allotment was not cancelled---Allotment of such land to Islamabad oustee without notice to petitioner --- Effect --- Competency of suit --- No order having been passed by Collector cancelling petitioner's allotment or resuming the land, petitioner . was not obliged to exhaust remedies before relevant Authorities as a prelude for filing suit --- Petitioner having remained in possession throughout, entries in Khasra Girdawari to the contrary were a mere paper entry --- Appellate Court having fallen into error in relying on said entry and holding suit to be barred by time, its judgment and decree was reversed and that of Trial Court was restored. Colonization of Government Lands (Punjab) Act (V of 1912)--- ---- S. 10 --- Grow More Food Scheme --- Memo. No.4826-62/4419-S(G), III dated 20-10-1962-Allottee of land on basis of Grow More Food Scheme-Such allottee was not only entitled to claim sale of land through private treaty on basis of Memo of Board of Revenue, dated 22-10-1962 but also proprietary rights on basis of being in possession of land in question throughout --- Vested rights having thus, been created in petitioner's favour, same could not be adversely affected without issuing a notice to him and giving him reasonable opportunity of being heard --- Appellate Court, having ignored material evidence acted illegally and with material irregularity in recording findings against petitioner which were reversed in revisional jurisdiction. Ch. Muhammad Ashraf for Petitioner. Tassadiq Hussain Jilani for Respondents Nos.1 and 2. Athar Rahman Khan for Respondents Nos.3 to 14. Date of hearing: 27th January, 1991.   JUDGMENT This revision petition arises out of a suit for declaration filed by the petitioner on 19-4-1909 in the Court of Senior Civil Judge, Sahiwal which was decreed in his favour on 26-2-1981. Two separate appeals, one riled by the Province of Punjab and the other by Muhammad…