Case Details

Citation(s)
2005 SLG 739 2005 SLD 739 2005 PLD 775 2006 PLJ 100
Supreme Court of Pakistan
Civil Appeal No.1575 of 2001, decision dated: 7-03-2005. (On appeal from the judgment dated 18-5-2001 of the Lahore High Court, Lahore passed in C.R.No.420-D of 1984).
HAMID ALI MIRZA AND MUHAMMAD NAWAZ ABBASI, JJ
Mian Allah Nawaz, Advocate Supreme Court for Appellants. Gnlzarin Kiani, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record.

MUHAMMAD HAYAT and others

VS

SARWAR KHAN and others No.4(i) and 10(iv): Ex parte. MUHAMMAD HAYAT and others Vs SARWAR KHAN and others No.4(i) and 10(iv): Ex parte.

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 20,21,22,23

Law: Specific Relief Act, 1877

Section: 42

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss. 20, 21, 22 & 23---Constitution of Pakistan (1973), Art.185(3)---Grant of land under Horse Breeding Scheme---Leave to appeal was granted by the Supreme Court to consider the questions that whether in view of order passed by the Collector whereby -A" was held successor of the estate left by one of the lessees, the High Court had not erred in ignoring the said order which had attained finality and held the field; that whether the Courts below had not fallen into error by ignoring the agreement entered into by lessee and his three sons which was acted upon in the life time of the lessee and his three sons; that whether it was not binding on the other successors-in-interest (sons) of the lessee and whether, after the death of the lessee when one of his sons died issueless while other son survived by one son and the third one was survived by one son 'after their death, the property would not devolve on "A" under Ss,20, 21, 22, 23 of the Colonization of Lands (Punjab) Act, 1912 as held by the Collector in his order. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ---Ss. 20, 21, & 22-Grant of land under "Horse Breeding Scheme"---Association deed executed in respect of land subject-matter of grant by the original lessee---Character and effect of such deed---Interpretation of document---Principles---Instrument in question provided in clear words that the parties would equally share the benefit of the grant and would be deemed to be joint owners of .land on the acquisition of its proprietary rights---Execution and existence of said document being not disputed, the conclusion drawn by the Court of first instance with respect to the rights of executants was based on the consideration of its genuineness and the perusal of the document would not suggest any ambiguity or suspicion in its contents---Document was executed by original lessees and their brothers and father by virtue of which they agreed for the joint cultivation of the land treating same as a joint property of the family with ultimate right of ownership, therefore, notwithstanding the grant of proprietary rights in the…
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