Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912) ---- S. 19 read with Land Reforms Regulation, 1959 [64 of 1959], para. 25 Sale of allotted land Petitioner undertaking to do all that was necessary for formally completing sale and parting with possession after receiving consideration Held: Petitioner could not rely on either para 25 of Regulation or S. 19 of Act so as to non suit purchaser Case not fit on account of conduct of petitioner himself, for grant of special leave to appeal. JUDGMENT MUHAMMAD AFZAL ZULLAH, J. The judgment dated 15th February, 1977 by a learned Single Judge of the Lahore High Court dismissing the first appeal filed by the petitioner has been called in question through this petition for special leave to appeal. The petitioner was allottee of nearly 25 acres of land under the Colonization of Government Lands (Punjab) Act (V of 1912). Before obtaining proprietary rights he entered into agreements of sale with the respondents (other than the Government) on different dates from 1964 to 1966. He also received consideration from and handed over the possession to them. They also deposited the dues recoverable by the Government. This payment was one of conditions for conferring proprietary rights on the allottees sunder the relevant scheme. However, when approached the Deputy Commissioner rejected their application for granting permission for sale. The purchasers' claim was that they having fulfilled all the necessary conditions including payment to the Government which was accepted from them, they had become the owners. Notwithstanding the same the petitioner refused to get mutation sanctioned in their favour and instead became instrumental in initiating proceedings of ejectment against them. They therefore, filed a suit for declaration and permanent injunction impleading the petitioner as also the Provincial Government. It was dismissed mainly on the consideration that the transactions in question were hit by para. 25 of Martial Law Regulation 64 of 1959; and that they were against section 19 of the Colonization of Government Lands (Punjab)Act V of…

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