Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------S.30----Proprietary rights---Grant of---Order of Collector according to which only petitioner was held eligible for acquisition of proprietary rights in State land in dispute, was set aside by Additional Commissioner in appeal holding that as land in dispute had been separately cultivated by petitioner and respondent and that respondent had also deposited some instalments towards price of land in dispute, proprietary rights should be granted to petitioner and respondent in equal shares---Evidence on record had established that tenancy right from the very beginning was jointly secured and managed by petitioner and respondent--­Additional Commissioner, in circumstances, had rightly held that both petitioner and respondent could be granted proprietary rights in land in dispute which had been under their respective cultivating possession. ORDER This is a revision petition against the order dated 23-4-1989 of Additional Commissioner (Revenue). Multan Division, whereby he accepted the appeal filed by the present respondent Fazal Muhammad son of Fateh Muhammad against the order dated 15-12-1987 of DC/Collector, Khanewal, through which he had held the present petitioner Naik Muhammad as eligible for acquisition of proprietary rights in State land measuring 97 Kanals and 9 Marlas in Khasras Nos.60/1, 2,3/1, 8/2, 9, 10, 11/1, 11/2, 12,13/1, 18/2, 19,20,21,22,23/1, 26,28 and 30 in Chak No.46/10-R, Tehsil and District Khanewal under the Cooperative Farming Scheme. Additional Commissioner held that as the impugned land had been separately cultivated by Naik Muhammad and Fazal Muhammad and as the latter had also deposited some instalments towards its price, therefore, the proprietary rights be granted to both the brothers in equal shares. 2. It has been contended on behalf of petitioner Naik Muhammd that:-- (a) The impugned land was allotted to him under the Cooperative Farming Scheme on 5-5-1948. It was subsequently cancelled by District Collector vide his order dated 10-8-1965. He got it restored through the Board of Revenue's Order dated 14-10-1996 passed in revision petition filed by him. He has since been…

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