Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss.30 & 36---Specific Relief Act (I of 1877), Ss.42 & 54---Civil Procedure Code (V of 1908), S.9, O.VII, R.11 & O.XXXIX, Rr.1, 2---Constitution of Pakistan (1973), Art.185(3)---Suit for declaration and permanent injunction---Rejection of plaint by Appellate Court while dealing with stay matter---Plaintiff as lessee under Temporary Cultivation Scheme filed such suit challenging order of Collector refusing to grant him proprietary rights of suit-land---Trial Court refused to grant stay order---Appellate Court in appeal against such order rejected plaint under O.VII, R.11, C.P.C., on the ground that jurisdiction of Civil Court was barred by S.36 of Colonization of Government Land (Punjab) Act, 1912---High Court dismissed appeal against order of rejection of plaint---Contention of plaintiff was that Appellate Court while dealing with stay matter could not reject plaint after three years of institution of suit---Validity---Plaintiff had not availed statutory remedies of appeal and revision before Commissioner and Board of Revenue respectively against order of Collector---Plaint did not disclose that order of Collector was illegal or beyond his powers or suffered from any jurisdictional defect so as to be amenable to jurisdiction of Civil Court---High Court had for valid reason not remanded case on question of rejection of plaint independently of stay matter in peculiar facts and circumstances of the case---Supreme Court dismissed petition. Abdul Rab and others v. Wali Muhammad and others 1980 SCMR 139 and Bashir Ahmad and others v. Manzoor Ahmad and others 1987 SCMR 1620 rel. Sh. Maqbool Ahmed, Advocate Supreme Court and Malik Rehmat Khan Awan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 21st March, 2003. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---This petition is directed against judgment, dated 9-12-1999 passed by the Lahore High Court, Multan Bench, in R.F.A. No.31 of 1991. 2. The petitioner was leased out disputed colony land measuring 63 Kanals, and 10 Marlas, on temporary cultivation, for a period of 15 years from Kharif 1971 to Rabi 1986. He made applications…

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