Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912), Ss. 8 and 19-Agreement reached before any interest acquired---­Is outside scope of Act-Government may object to cultivation or possession of person other than tenant--But no objection can be taken after acquisition of proprietary rights. The prohibition under section 19 of Colonisation of Govern­ment Lands (Punjab) Act (V of 1912) shall apply only where a ten­ant had acquired some interest in the lands of the Government. Where an agreement was reached before any interest had been acquired or granted by the Government, it could not be hit either by section 8 of (Act III of 1893) or by section 19 of Act (V of 1912). The Government, however, was not bound to recognize the transfer of any interest in or charge on the property. The oral agreement between the parties, before an application was made for the grant of land on horse breeding conditions, was out side the scope of the Act. During the continuance of tenancy, it might have been possible for Government to take any objections to the cultivation or possession of a part of the land under the grant, by the plaintiffs. No such objection can be taken, after the acquisition of proprietary rights in the land, for the simple reason, that as laid down in section 30, it is no longer "subject to any statement of condi­tions issued in the above mentioned Act", barring of course the rights of the Government to the minerals etc. detailed in Schedule II of the Act. Where in pursuance of an agreement, some property was purchased from the Government or tenancy rights acquired therein, the contract between the parties was binding and it was not considered a transfer of the nature prohibited tinder section 19 of Act V of 1912. The Government might for its own purposes insist upon the performance of the obligations under the grant, by the person, who is recorded, as a. tenant under them; but the person himself would not be exonerated from the consequences of his own contract with some other person. A. I. R. 1930 Lah. 835, A. I. R. 1932 Lah. 32, A. I. R. 1938 Lah. 721 and A. I. R. 1936 Lah. 576 ref. to. JUDGMENT MUHAMMAD SHARIF, J.-This is a Letters Patent Appeal by the…

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