Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)---Ss. 7 & 12 read with Notification No. 3215 79/3937 CII, dated 3rd September, 1979, para. 3 cl. fourthly Lease, renewal of Petitioner's eligibility to renewal of grant under para. 3, cl. fourthly not considered either by Revenue authorities or High Court Assistant Commissioner in his order relying on Circular of Board of Revenue already superseded by Notification dated 3rd September, 1979 Leave to appeal granted, in circumstances. ORDER MUHAMMAD HALEEM, ACTG. C. J. Admittedly the petitioner was a subtenant of some land in Squares Nos. 113 and 126 (lots Nos. 7 and 16) in Chak No. 125/15 L. Tehsil Khanewal, which was leased out to his brother along-with the other squares on 22nd of August, 1968, under the Tender Scheme for a period of 10 years. On the expiry of this period his brother applied for proprietary rights of the laud leased out to him. He was allowed to retain lots Nos. 5 and 14 which was entered in his name as "Khud Kasht" : but as for land included in the other lots, the grant was denied to him as he did not till the soil and instead the petitioner was recorded as a sub tenant. The eligibility of the petitioner to retain it as a sub tenant was not recognized as it was held that he was an Advocate and practised at Khanewal and therefore, he could not be regarded as the "actual tiller" by virtue of a circular of the Board of Revenue dated 7th of February, 1978. He was further asked to surrender the land in his…

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