Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--S.10---Constitution of Pakistan (1973), Art.185(3)---High Court's direction to Board of Revenue, with regard to lessee's claim for grant of proprietary rights of land in question, was upheld, while, its direction for allotment of alternate land to rival contender who was a blind man i.e., person in actual but unauthorised possession of same and for compliance report was substituted to the effect that- Member, Board of Revenue in his discretion, may provide him with alternate land. (b) Colonization of Government Lands (Punjab) Act (V of 1912)-- ----S.10---Lessee and the person in unauthorised possession of land in question, contesting for grant of proprietary rights---Board of Revenue refusing both the claims, one for non-fulfilment of conditions of grant and other for being trespasser---High Court's direction for acceptance of lessee's claim was maintained while its direction with regard to grant of alternate land to person in actual possession was substituted to the effect that Board of Revenue, in its discretion may provide him with alternate land. JUDGMENT ABDUL SHAKURUL SALAM, J.-This order will dispose of Civil Appeal No.760 of 1989, Civil Appeal No.761 of 1989 and Civil Petition No.152 of 1990 as these challenge t1* same order of a learned Judge of the Lahore High Court passed in Writ Petition No. 2513 of 1984 on 1-2-1989. Relevant facts for the disposal of these matters are that Kale Khan was granted a lease of 8 acres of land under Guzara Scheme in the year 1955. The Scheme was later on merged into Ejected Tenants Scheme. The necessary condition of the lease was that the lessee would cultivate the land himself and not through anybody else. In course of time Kale Khan applied for grant of the proprietary rights. Ramzan Shah also applied. The applications of both were rejected by the revenue authorities. Kale Khan's application was rejected on the ground that he himself was not cultivating the land and therefore, he could not claim proprietary rights. Ramzan Shah's application was rejected on the ground that he was in unauthorized possession. Kale Khan and Ramzan filed separate writ petitions.…

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