Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)---S. 19---Benefit of S.19 could be granted notwithstanding the fact that it was an oral agreement. Muhammad Iqbal v. Mirza Muhammad Hussain P L D 1986 SC 70 ref. Haji Abdullah Khan v. Nisar Muhammad Khan P L D 1965 SC 690; Ghulam Rasul v. Muhammad Anwar 1969 S C M R 254; Abdul Aziz v. Sadiq Muhammad 1970 S C M R 569; Hakim Ali v. Atta Muhammad 1981 S C M R 993; Muhammad Iqbal v. Mirza Muhammad Hussain P L D 1986 SC 70; Mst. Begum Bibi v. Abdul Sattar 1987 S C M R 1; Muhammad Ramzan v. Ghulam and, others 1988 S C M R 590; Wahid Bakhsh v. Ghulam Ahmad 1989 S C M R 134; Akhtar Ali v. Muhammad Hanif 1989 S C M R 604; Taj Din v. Kalsoom Bibi 1989 S C M R 1229 and Muhammad Afzal v. Rehmat Ali 1991 S C M R 1785 mentioned. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--S. 19---When the (alleged) agreement was entered into the proprietary rights had not been granted to the allottee/grantee and these were subsequently granted to his successors---Bar in S.19` being against the alienation and not against the agreement, agreement could be enforced through specific performance after the grant of proprietary right. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal was granted in this appeal as follows:-- "This is a petition for leave to appeal by the defendants in a suit for specific performance, wherein the plaint was rejected by the trial Court, with which the First Appellate Court did not interfere, but the High Court intervened in revision and remanded the case to the trial Court for disposal on merits. The dispute relates to the land which was held by the petitioners' predecessor-in-interest, namely, Khushi Muhammad, under Well Sinking Scheme, who according to the respondents entered into an agreement with them for its sale in their favour against consideration of Rs.36,000 which he allegedly received in full, passed on the possession to them and promised to transfer the land on grant of proprietary rights under the Punjab Colonization of Government Lands Act, 1912. It is stated that before the conferment of such rights on him he died. The suit was, therefore, instituted against his…

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