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

Section: 19

Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Contract, Act, 1872

Section: 23,57,58

(a) Colonization of Government Lands (Punjab) Act (V of 1912)- -. - S. 19 read with Contract Act (IX of 1872), Ss. 23, 57 & 58 State land-Grant of land on Bara conditions-Agreement for transfer of tenancy rights in such land entered into without obtaining written consent of Commissioner, Collector or any other Officer--.Held, void-Covenants of such agreement not separable-Agreement as a whole, held, bad being in violation of S. 19, Colonization Act-Such agreement cannot be legalised by invoking doctrine of "feeding of estoppel" provided in S. 43, Transfer of Property Act (IV of 1882).[Estoppel]. Ghulam Muhammad v. Lakha Singh A I R 1935 Lab. 181 ; Pickering v. Ilfracombe Railway Company 1868 L R 3 C P 235 and Attwood v. Lamont (1920) 3 K B 571 ref (b) Civil Procedure Code (V of 1908)- -- S. 100-Second appeal-Question not raised in Courts below Such question going to very root of case-Allowed to be taken up for first time in second appeal.--[Second appeal]. THIS JUDGMENT DELIVERED BY: SAAD SAOOD JAN, JUSTICE--.--- This second appeal is from the decision dated 17-9-1971 of District Judge, Jhang, which reversed the judgment and decree dated 14-t-1971 of Civil Judge, and dismissed the suit of the appellant with costs throughout. 2. In 1946 the respondent obtained a grant of 800 kanals of land in village Kassowana, also known as Chak No. 6/3-L, of Tehsil Shorkot on Bara conditions. The grant was to extend over a period of eight years during which the respondent was to develop the land and make it fit for cultivation. If he succeeded in doing so then at the end of the said period be was to receive proprietary rights in one half of the land without any payment whatsoever. 3. On 15-12-1946 the respondent entered into a written agreement with the appellant. Under the agreement the respondent transferred all his rights in the land to the appellant for a sum of Rs. 2,000. At the time of executing the agreement deed (Exh. P. 7) the respondent received Rs. 1,500. This left a sum of Rs. 500 unpaid. Before the execution of the deed certain Government dues were owing from the respondent. The appellant undertook to clear off these dues out of the remaining amount of…

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