Case Details

Citation(s)
2003 SLG 2469 2003 SLD 2469 = 2003 CLC 240
Lahore High Court
Civil Revision No.556-D of 1993, decision dated: 18-09-2002.
FARRUKH LATEEF, J

HAKAM DADvsPROVINCE OF PUNJAB

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

Section: 10 & 30

(a) Words and phrases-------- "Acted illegally" and "acted with material irregularity", meaning of---Term "acted illegally" would mean acting in breach of some provision of law and words 'acted with material irregularity" would refer to committing of some error of procedure in the course of trial which was material and could affect the ultimate decision.(b) Colonization of Government Lands (Punjab) Act (V of 1912)--------Ss. 10 & 30---Proprietary rights, grant of---Petitioner who claimed to tie in possession of State land as its lessee for five years, had prayed for grant of proprietary rights in respect of such land ---Jamabandi showed that almost the whole land was "Bunjar Qadeem"---Cultivation of land by lessee himself was a necessary prerequisite for grant of proprietary rights under notification---Lease of petitioner stood expired, but after expiry of ;ease, petitioner did not apply for extension of lease period and ,consequently it was resumed by order of District Collector and said order of resumption had attained finality---Petitioner, in circumstances, was not lessee of land in dispute at the time he applied for grant of proprietary -fights in respect thereof---Petitioner, in circumstances, was not eligible `or grant of proprietary rights in respect of land in dispute---Conclusion arrived at by Courts below that petitioner was not entitled to grant of proprietary rights being based on sound and plausible reasoning, could not be interfered with by High Court in exercise of its revisional jurisdiction---Petitioner having failed to point out any breach of any provision of law or commission of any error of procedure by Courts below, revision against order of Courts below, was dismissed.Mian Muhammad Siddique Kamiana for Petitioner.Tariq Mahmood Khan Malazai for Respondent.Date of hearing: 12th September, 2002.JUDGMENT Brief facts necessary for disposal of this civil revision are that on 6-4-1987 Hakam Dad filed a suit against the Province of Punjab for declaration that he is in possession of 72 Kanals of State land as a lessee for five years w.e.f. Kharif 1976 to Rabi 1981 and as such, is entitled to the grant of proprietary rights in the same and…
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