Law:

Section:

Requisitioned Land (Continuance of Powers) Ordinance (XIII of 1946)--Preamble---Defence of India Act, 1939---Constitution of Pakistan (1973), Art.185(3)---Plaintiffs' claim as set out in their suits was that in 1942, their lands were requisitioned under Defence of India Act, 1939, for the construction of an aerodrome, for which they were paid yearly lease money as compensation upto 1946---Yearly lease money was not paid to them after 1946, under the pretext that land had been acquired and that though no notification of acquisition had been issued, defendants had appointed an arbitrator, who had worked out compensation payable to them all of which action they considered to be illegal and without lawful authority---Plaintiffs' further claim was that they were entitled to recover lease money from the defendants at the specified rate from three years preceding the institution of suit till the decision---Plaintiffs' suits were decreed---Appeals and revisions filed by defendants were dismissed---Leave to appeal--­Matter being old one relating to year 1946, Government was not able to locate and file relevant notification under Defence of India Act, 1939 or the Requisitioned Land (Continuance of Powers) Ordinance XIII of 1946, acquiring the land of plaintiffs for the purpose of construction of aerodrome in Sargodha--­Aerodrome having been constructed only question that remained was, whether legal formalities were complied with, when acquisition proceedings were initiated---Leave to appeal was granted in circumstances. ORDER RUSTAM S. SIDHWA, J.--This order will dispose of four petitions, namely, C.P.L.A. Nos.171-R, 181-R, 182-R and 183-R of 1989, filed by the Government of Pakistan, seeking leave to appeal against four separate judgments passed by the Lahore High Court all dated 11-12-1988. 2. Respondents in all these four cases claim to be occupancy tenants of Chak No. 24 Janubi, Tehsil and District Sargodha. It is their case that in 1942 their lands were requisitioned under the Defence of India Act, 1939, and the Rules thereunder, for the construction of an aerodrome, and they were paid yearly lease money as compensation upto 1946. It is further alleged by them that…

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