| Citation(s) |
|---|
| 1981 SLG 3111 = 1981 SLD 3111 = 1981 PLD 457 |
Lahore High Court
Writ Petition No. 2196 of 1978, decided on 5th May, 1981.
Presented By: Muhammad Zafarullah, J
Wasim Sajjad for Petitioners. Ch. Asghar Ali Bhalti for
Respondent No. 4. Wasim Sajjad for Petitioners. Ch. Asghar Ali Bhalti for
Respondent No. 4.
Writ Petition No. 2196 of 1978, decided on 5th May, 1981.
Presented By: Muhammad Zafarullah, J
Wasim Sajjad for Petitioners. Ch. Asghar Ali Bhalti for
Respondent No. 4. Wasim Sajjad for Petitioners. Ch. Asghar Ali Bhalti for
Respondent No. 4.
ABDUL AZIZ ETC.-Petitioners
VERSUS
. DEPUTY COMMISSIONER/COLLECTOR, RAHIMYARKHAN AND OTHERS-Respondents
Law: Colonization of Government Lands (Punjab) Act (V of 1912)
Section: 19
(a) Colonization of Government Lands (Punjab) Act (V of 1912) S. 19-Land-Sale of-No guidelines laid down for grant of permission for sale under S. 19-Considerations like four walls of a particular scheme and possibilities of misuse of a concession under scheme, however, held, relevant considerations. (b) Colonization of Government Lands (Punjab) Act (V of 1912) S. 19--Land-Sale-Agreement for sale of property arrived at between parties, part payment made, and possession delivered in consequence of agreement-Transaction, held, amounts to a sale and agreement hit by S. 19. (C) Colonization of Government Lands (Punjab) Act (V of 1912) S. 19-Land-Sale-Permission for sale not granted under S. 19Petitioner in unauthorised occupation of land-Collector, held, competent to order ejectment of petitioner from land. Date of hearing : 5th May, 1981. JUDGMENT Ashraf respondent No. 4, Basbir Hussain respondent No. 5 and late Akram who is now represented by his successors-in-interest cited as respondents 6 to 10 were allotted land in question under the Abadkari Scheme on 13-2-1955. There were certain objections regarding the allotment. as the said scheme was no longer in force but subsequently the Board of Revenue decided to regularise the allotment in 1969. The allottees were given an option to accept the new conditions before regularisation could be made and on the acceptance of the conditions by the allottees on 4-12-1972 an order of regularisation was passed on 12-1-1973. On 3-9-1969 one Abdul Haleem Khan the father of respondents 4 and 5 acting under a . general power of attorney on behalf of the three allottees entered into an agreement with petitioner No. 3 for sale of the property for a value of Rs. 60,(.00.00. He…