Law:

Section:

Temporary Cultivation Scheme-------- Read with Notification No. 3215-79/3973-C/ll dated 3-9-1979, clauses 3 & 4-Grant of proprietary rights-Clauses 3 and 4 of Notification being in present tense and read together require person asking for grant of proprietary rights in land in his cultivation under Temporary Cultivation Scheme to be land-less or owner of land less than subsistence holding on date of issue of notification dated 3-9-1979-Eligibility of a person to get proprietary rights, held, must exist prior to exercise by him of his right of option to purchase land ­Petitioner having been owner of land measuring 126 kanals 19 marlas on date of issue of notification held further, not entitled to grant of proprietary rights in land in question. Shahab Din v. M. B. R. (Colonization) Lahore and another P L D 1964 Lab. 372 ref. JUDGMENT The dispute relates to 52 kanals and 10 rnarlas of land situate in Chak No. 456/0. B, Tehsil & District Jhang, which was leased out to the petitioner under Temporary Cultivation Scheme for a period of five years w. e. f. Rabi 1968. On the expiry of this period, the lease was extended for a period of two years and then again for another period of five years (from Kharif 1975 to Rabi 1980). On 31-12-1979, petitioner filed before Collector Jhang an application for grant of proprietary rights in the land in question. It is alleged that the aforesaid application was yet pending when the D. C. by his order dated 5-4-1980 allotted the said land to Mst. Munawar Begum respondent No. 4 in lieu of the land allotted to her in 1956 under Grow More Food Scheme which subsequently in 1962 was included in the schedule of auction. Appeal filed by petitioner against the said order was dismissed on 26-4-1981 by the Additional Commissioner. Revision before the Member Board of Revenue met the same fate. The period of petitioner's lease expired in Rabi 1980. Petitioner has, however, challenged the above orders by means of this writ petition on the ground that he was entitled to grant of proprietary rights in the land in question and, therefore, the said land could not have been allotted to Mst. Munawar Begum. 2. The appeal and the revision filed…

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