Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 19---Specific Relief Act (I of 1877), Ss.8 & 42---Constitution of Pakistan (1973), Art.185(3)---Declaration of title and possession---Colony land---Private partition prior to grant of proprietary rights---Effect---Ratification of private partition---After allotment of suit-land, the parties privately partitioned the same and remained in possession of their respective shares even after the conferment of proprietary rights by the Government---Plaintiff sought declaration and possession on the basis of private partition---Defendant admitted the partition but assailed the same on the ground that the partition had been made prior to conferment of proprietary rights and same was violative of provisions of S.19 of Colonization of Government Lands (Punjab) Act, 1912---Suit was decreed by Trial Court but was dismissed by Appellate Court---High Court in exercise of revisional jurisdiction restored the decision of Trial Court---Validity---On the principles of S.19 of Colonization of Government Lands (Punjab) Act, 1912, in particular and the civil and revenue law in general, no property could be alienated by a tenant or by a person not enjoying proprietary rights without the permission of the real owner which up to the last payment of instalment, remained with the Provincial Government, in case of colony land---When the parties had become absolute owners, they still continued to act upon the same partition---From the date of conferment of proprietary rights, the private partition had become valid, justified and ratified---As the parties had continued acting upon mutual agreement of private partition even subsequent to the conferment of proprietary rights, the partition/exchange had become valid---Partition in question having continuously been acted upon, since allotment of land, the settlement was not hit by the provisions of S.19 of the Colonization of Government Lands (Punjab) Act, 1912---Such partition might had been hit at some initial stage by the provisions of S.19 of the Colonization of Government Lands (Punjab) Act, 1912 but not when the ownership rights had been conferred---Conclusion having…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492