Law:

Section:

(a) Land Reforms Act (II of 1977)---- Ss. 3 & 9(4)-Provisional Constitution Order (1 of 1981), Art. 9­Holding comprising of ownership as well as lease from Colony department under Tube-well Scheme-Total holding of declarant ­Contention that only that land could be resumed which was in excess of ceiling and declarant owned that-Held, one person could not own or possess land more than ceiling-Orders of Land Commissioner calculating holding of declarant which he owned as well as possessed by way of lease from Colony department were correct. (b) Land Reforms Act (II of 1977)---- -- S. 9(4)-Provisional Constitution Order (1 of 1931), Art. 9-Holding comprising of ownership as well as lease from Colony department under Tube-well Scheme-Contention that declarant was entitled to retain some unit for having installed tube-well and developing land ­Held, authorities of Colony department could decide about rights of declarant in that regard who could seek remedy before that authority­ Petitioners could also take plea as regard, that after demise of original lessee i.e. petitioner's predecessor-in-interest, petitioner would be entitled to restoration of land under lease because holding of each individually would be within limit. ORDER ABDUL SHAKURUL SALAM J.-Zaka-ud-Din Khan, predecessor-in-interest of the petitioners was found to be in excess of the prescribed ceiling under the Land Reforms Act, 1977. His holding comprised of ownership as well as lease from the Colony Department of the Government of the Punjab under Tube-well Scheme. The petitioners agitated before the Land Reform Authorities that the land allotted under the Tube-well Scheme vesting in the State could not be reckoned in the total holding of the deceased declarant. The Member, Federal Land Commission in the ultimate order dated 17-11-1983 held that section 3 of the aforesaid Act provided that "no person shall after the commencement of this Act, own or posses land ..................... in excess of one hundred acres of irrigated land or two hundred acres of unirrigated land", therefore, the contention was without force.Hence, this petition. 2. Learned counsel for the petitioners has contended that under…

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