Law:

Section:

Land Reforms Regulation, 1972 [M. L. R. 115] -- Read with West Pakistan Rehabilitation Scheme, para. 40 Temporary allottee of land-Does not enjoy status of "tenant"-Such allottee cannot invoke M. L. R. 115 for protection of his possession. Muhammad Yousaf v. Province of the Punjab P L D 1976 Lab. 328 and Abdur Rashid v. Pakistan P L D 1962 S C 42 ref. THIS JUDGMENT DELIVERED BY: SAAD SAOOD JAN, JUSTICE--.-- The petitioner was allotted evacuee land comprising Killas Nos. 2/2/9 and 10/2 of Square No. 19 in [Chak No. 213/RBof Tehsil Lyallpur on temporary basis. B.-fore this land could be confirmed in his favour the Provincial Government and the settlement authorities entered into an agreement of exchange. In pursuance of this agreement some evacuee land including the land held under temporary allotment by the petitioner was exchanged by the Provincial Government with some State land. As a consequence of this exchange the land in question became the property of the Provincial Government and lost its evacuee character. It may be mentioned that the petitioner was a refugee claimant and he had his claim fully satisfied by obtaining allotment of some different land. 2. On 27-11-1973 one Muhammad Siddique moved the Collector for earmarking the land held by the petitioner for a graveyard. By an order dated 29-4-1976 the Collector allowed this application. The petitioner has moved this writ petition to challenge the said order of the Collector: 3. The main contention of the petitioner is that he was a tenant in the land in question under the Rehabilitation Authorities and that he continued to retain this status even after the exchange when the said land became the property of the Provincial Government. As he enjoyed the protection o Martial Law Regulation No. 115 he could not be ejected from it except in accordance with the provision of this Regulation. Consequently, the order of the Collector reserving the land for a graveyard was illegal. In support of his contention he referred to a case decided by this Court and reported as Muhammad Yousaf v. Province of the Punjab (P L D 1976 Lah. 328 ). 4. I do not think that I can accept the contention of the petitioner for there…

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