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

Section: 19

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-- S. 19-Sale of land before getting proprietary rights therein--Permission under S. 19, held, necessary for such sale. (b) Civil Procedure Code (V of 1908)--- S. 115 read with O. XXXIX-Temporary injunction-Dispute relating to immovable property-Petitioner likely to suffer irreparable loss, not calculable in terms of money, by refusal of stay order- Balance of convenience also going in his favour-Stay application accepted.-[Injunction]. THIS JUDGMENT DELIVERED BY: MUHAMMAD ABDUL GHAFOOR KHAN LODHI, JUSTICE--.-- The facts of the case giving rise to this revision are that Daulat Khan, respondent No. 2, claimed to have purchased the property in dispute on the basis of a compromise decree prior to the vendor's obtaining proprietary rights in the property. The petitioners are alleged to have purchased the property in dispute from respondent No. 1 after the latter had obtained proprietary rights. The petitioners in their suit for declaration and perpetual injunction made an application for interim injunction for restraining the respondents from interfering in their possession, which was dismissed on the ground that the petitioners were not in possession. The learned Additional District Judge, however, partly accepted the appeal and issued stay order with regard to 5 kanals of land comprised in Killas Nos. 20 and 21. The petitioners have challenged both the orders and claiming possession over the total land pray for injunction restraining the respondents from interfering in their possession. The District Collector has issued a certificate in favour of the petitioners to the effect that sale deed in favour of respondent No. 1 had been executed on 30-12-1975. The sale in favour of the petitioners is dated 3-1-1976. For making a sale before getting proprietary rights it is necessary to get permission under section 19 of the Colonization of Government Lands (Punjab) Act. Since no such permission was taken by respondent No. 2, the petitioners, therefore, have an arguable case. 2. So far as possession is concerned, it is evident from the khasra girdawari that Zulfiqar Ali was a tenant over all the khasras except…

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