Case Details

Citation(s)
2004 SLG 1706 2004 SLD 1706 2004 CLC 40
Board of Revenue, Punjab
R.O.R. No. 1911 of 1996 and R.O.A. No. 30 of 1997, decision dated: 26-03-2003.
MUHAMMAD AYUB MALIK, MEMBER (JUDICIALIV)

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MUHAMMAD YASIN and others

VS

MUHAMMAD AYUB alias BABU

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)---------Ss. 10 & 32---Lease of land under Cooperative Farming Scheme--­Proprietary rights, grant of---Original lessee of land under Cooperative Farming Scheme who had not cultivated land himself, had permanently left his residence from the Chak where land was situated and land remained under cultivation of other person who claimed that original lessee had transferred his rights in respect of the land in his favour through an agreement---After death of original lessee, his sons who neither remained members of Cooperative Farming Society of the Chak concerned nor were resident thereof nor even remained in self-cultivation of land in dispute, by committing fraud and misrepresenting facts, got conveyance deed of proprietary rights, a their favour in respect of land in dispute---Self-cultivation of land being basic condition for grant of proprietary rights under Cooperative Farming Scheme, order of District Collector granting conveyance deed to sons of the original lessee was unlawful and void---Conveyance deed issued in favour of sons of original lessee being based on misrepresentation, illegality and fraud was cancelled under S.30(2) of Colonization of Government Lands (Punjab) Act, 1912 and case was referred to District Officer (Revenue) for determination of issue as to who among two other persons who had sought grant of proprietary rights, was entitled for grant of proprietary rights of the land. Rana Muhammad Tanveer Ahmad Khan for Petitioners (in R. O. R. No. 1911 of 1996). Kanwar Nisar for Respondent (in R. O. R. No. 1911 of 1996). Mian Mushtaq Ahmed for Appellant (in R.O.A. No.30 of 1977). ORDER Since both the cases involve a common matter, hence are disposed of through this single order. Facts of the matter are that 100 Kanals of State land situated in Chak No.386/WB, Tehsil Dunyapur, District Lodhran was leased out to Baboo son of Jabri the predecessor of the petitioners of R.O.R. No.1911 of 1996 in 1960 under the Cooperative Farming Scheme. He was declared ineligible for grant of proprietary rights vide order, dated 26-6-1969 of Colony Assistant/Collector, Multan on grounds of non­ cultivation…
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