Case Details

Citation(s)
1959 SLG 4243 = 1959 SLD 4243 = 1959 PLD 51
West Pakistan
Revision Side No. 14 of 1954-55, decided on 15th December 1956. District Jhang.
Presented By: H. A. Majid
Ghulam Abbas Jafri for Petitioner.   Abdus Sami Pal for the State.    

  JHANDA----Petitioner  

VERSUS

  THE CROWN----Respondent

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

Section: 28

    Colonization of Government Lands (Punjab) Act (V of 1912),   S. 28---Tender for temporary cultivation---Clause in tender regarding responsibility of tenderer for all loss to Government in case land had to be leased out on fresh tender---Suit can be filed by Government ---Amount of loss cannot be recovered as land revenue.   Chaudhry Barkat Alt v. The West Punjab Province P L D 1952 Lah. 200 rel.     ORDER   There is no doubt that the notice inviting tenders for tempo rary cultivation, which was issued in this case, contained a clause to the effect that the tenderer would be responsible for all loss to Government in case the land had to be leased out on fresh tenders. But it is not clear how the enforcement of this condition can be done by the Collector under the Colonization of Government Lands (Punjab) Act, 1912. The Lahore High Court dealt with a similar matter in Chaudhry Barkat Ali v. The West Punjab Province (P L D 1952 Lah. 200) and decided that the…
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