| Citation(s) |
|---|
| 2010 SLG 2768 = 2010 SLD 2768 = 2010 MLD 981 |
Lahore High Court
C.R. No.689 of 2010, decided on 22nd March, 2010.
Presented By: Muhammad Khalid Mehmood Khan, J
C.R. No.689 of 2010, decided on 22nd March, 2010.
Presented By: Muhammad Khalid Mehmood Khan, J
MUHAMMAD RAFIQ---Petitioner
VERSUS
PROVINCE OF PUNJAB through Collector District and another---Respondents
Law:
Section:
Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2--Suit for declaration and permanent injunction---State land---Plaintiff alleged that defendant, in collusion with revenue field staff had obtained proprietary rights of suit land despite the fact that the plaintiff was owner in possession of the said land---Plaintiff failed to establish his physical possession on the disputed land---Trial Court dismissed the suit, appeal also met the same fate---Validity---Held, Revenue authorities rightly transferred proprietary rights of the State land to the defendant when the plaintiff had failed to establish his physical possession thereon. Allah Wasaya Malik for Petitioner. Muhammad Iqbal Mali for Respondent No.2. Muhammad Siraj-ul-Islam Khan, Astt. A.-G., Punjab with Wahad Bukhsh, Litigation Clerk, DOR Office, Bhakkar. ORDER MUHAMMAD KHALID MEHMOOD KHAN, J.---This revision petition has been filed against judgment and decree, dated 24-11-2009 passed by the learned Additional District Judge, Bhakkar whereby judgment and decree, dated 4-1-2007 passed by the learned trial Court was affirmed. 2. Briefly the facts of the case are that one Muhammad Rafique son of Jinda filed a suit against Province of the Punjab through Collector, for declaration to the effect, that he is owner in possession as 'Atha Malak' of agricultural land measuring 72K, described in the head note of the plaint, and order, dated 9-5-2009 passed by the learned Member, Board of Revenue is illegal, against the law, and facts. It was, thus, prayed that the decree for permanent injunction be passed, restraining, the defendants permanently from interfering into his possession. 3. The plaintiff averred that he is owner in possession of land subject-matter of suit and constructed rooms thereon. He further asserted that defendant No.2 never been in possession of land, however, with the collusion of the Revenue Field Staff, he obtained land in dispute through tender in the year, 1981 but in spite of the said tender, the petitioner remained in possession of the suit-land. The tender order was kepi secret from the plaintiff and defendant No.2 in collusion…