Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 19-A---Succession to tenancy---All legal heirs after death of tenant, were entitled to succeed to whatever rights persisted to the tenant--­Tenant having died before application for proprietary right or, even before declaration of eligibility for proprietary rights in respect of leased' property, right of tenant was that of only a temporary tenant under' 15 Years' Lease Scheme---Said temporary lease/tenancy would devolve upon all legal heirs of deceased tenant. ORDER This revision petition has been taken cognizance of on remand from the Honourable High Court, Multan Bench, Multan in Writ Petition No.241 of 2000. In its order, dated 26-4-2000, Honourable Hi h Court has remanded the case for decision on its merits. 2. The instant revision petition preferred in this Court against the order, dated 1-6-1988 passed by the Additional Commissioner (Revenue), Multan Division, Multan which was dismissed in default and through the order of my predecessor, dated 17-8-1999 the restoration application was rejected. The detailed facts leading td the present revision petition have already been discussed by my learned predecessor in the said order and the same are not required to be discussed here again. 3. I have heard the learned counsel for the parties and have minutely gone through the record of the case file. Learned counsel for the petitioner assails the impugned order on the ground that Niamat alias Amanat Ali was allotted Lot No.12 situated in Chak No.497/EB, Tehsil Burewala, District Vehari under 15 years lease scheme in the year 1971. However, before the completion of 15 years, Niamat died in the year 1978. Under section 19-A of the Colonization of Government Lands Act, 1912 and as held in 1998 SCMR 388, the tenancy should have been devolved on all the legal heirs of Niamat Ali after his death. But instead of doing so, tenancy was transferred only to respondent Rehmat, who is brother of deceased illegally. Then the A. C. /Collector's order transferring the lot in favour of all the legal heirs was passed. But on appeal the said order of the A.C./Collector, dated 21-7-1985 was set aside and lot was…

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