Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912) S. 36 Jurisdiction of civil Courts to adjudicate upon legal effect on rights of parties of an order of Revenue Officer validly passed under Act V of 1912 Not divested by S. 36. [Jurisdiction]. (b) Civil Procedure Code (V of 1908) . O. XXXIX, rr. 1 & 2 Temporary injunction Challenge in revision before High Court of temporary injunction in colonization matter issued by trial Court and affirmed by appellateCourt Held, not sustainable in view of discretion having not been exercised forcefully or arbitrarily ¬Civil Procedure Code (V of 1908), S. 115. [Revision (civil) Injunction]. Muhammad Omar Beg v. Sultan Mahmood P L D 1970 S C 139 ref. JUDGMENT By this revision petition, the petitioner Mst. Amtul Wahab Zia has questioned the correctness of the orders dated 14 4 1975 and 21 1 1977 passed by the Civil Judge, Multan and the learned Additional District Judge, Muitan, respectively restraining the petitioner from interfering with the possession of the respondents. 2. The plaintiffs respondents being the legal heirs of Fazal Din, the original allottee of the land under the Tube Well Sinking Conditions, 1959, claimed to be in continuous possession and challenged the order of the learned Member (Colonies), Board of Revenue Punjab, Lahore dated 30 6 1974 whereby the allotment of the respondents was cancelled and made over to the petitioner allegedly on the pretext that they have, in violation of the provisions of the Colonization of Government Lands (Punjab) Act (V of 1912), alienated the land in dispute to the petitioner on receipt of a colossal amount of consideration. Aggrieved by this order the respondents have filed a suit for declaration denying having made a bargain and for a consequential relief against the petitioner's apprehended interference in possession. The petitioner has relied on a copy of an uncertified agreement to sell and claimed having paid the entire sale price, which has categorically been denied by the respondents. The dispute continued for a considerable long time before the Colony authorities and the Board of Revenue. by the questioned order, allotted the land in dispute in favour…

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