1997 PLP 2639 (MLD)

(ii) Abdul Rashid S/o Ghulam Rasool. 14/14, 15-Min, 16 to 24 25-Min. (iii) Farhat Ullah S/o Ghulam Rasool Bajwa. 15/11/2, 13, 14, 15/2, 16 to 25.

4. Para. 13 of Notification-dated 3-9-1979 under which the petitioners are claiming their eligibility for grant of proprietary rights is reproduced below: "

13. Grant of surrendered/resumed land.-- All lands which may be surrendered or become available as a result of termination or resumption of any temporary cultivation lease, may be granted under these conditions, in order of priority; Firstly to those who have been eligible to get alternative land in lieu of their tenancies allotted to them under Ejected Tenants/Grow More Food Scheme which are terminated/resumed on account of the land comprised therein having fallen with the prohibited zones or having been utilized under other scheme; Secondly to those who have been allotted land under any permanent scheme; and Thirdly to those who have been allotted land under any permanent scheme; and Fourthly to those who have been cultivating the land as sub-tenants under such lessees as were held ineligible to purchase proprietary rights under these conditions: Provided that no person who has occupied the land without the consent of the lessee and/or the previous permission of the competent Authority as required under section 19 of the Act, or has cultivated the land illicitly, or has manipulated any wrong entry in the Revenue Record regarding his cultivation, shall be entitled to get the land under these conditions. "

5. For being eligible for proprietary rights, the lessees/sub-tenants had to be in continuous cultivating possession since before Kharif, 1977 but perusal of the relevant Khasra Girdawari indicates that none of the present petitioners have been in continuous cultivating possession of the impugned land since before Kharif, 1977. More particularly the cultivation of the impugned land during Rabi 1979 stood Recorded exclusively in the name of Ghulam Rasool lessee. In subsequent crops, the cultivation was recorded in the name of Ghulam Rasool lessee in association with the present petitioners. According to the entries of Khasra Girdawari even Abdul Hamid and Abdul Rashid were shown as sons of lessee Ghulam Rasool Cheema whereas Ghulam Rasool lessee is Bajwa by caste.

6. As the cultivation, as sub-tenants of the petitioners has not been established from before Kharif, 1977 and as other conditions are also not met, they were not eligible for grant of proprietary rights under notification dated 3-9-1979.

7. The Revenue Record further indicates that the petitioners have been holding over to the impugned land even after the expiry of the lease period of the original lessee. As the impugned State land has been under the unauthorized cultivation of petitioners as per details given in para. 3 above, it is directed that they may be treated as temporary lessees of the respective areas under their possession and the rent at market rate be recovered from them for the period that they have been in such cultivating possession. If they deposit at least half of the amount of the total rent within three months, they may be treated as temporary lessees up to Kharif, 1994. The remaining half of the rent must be deposited by them within 6 months, failing which they will not be treated as lessees of the impugned land. If the total rent is duly deposited by the petitioners within the period stipulated above, the petitioners' lease would be construed to have been extended up to Kharif 1995.

8. The revision petitions are accordingly disposed of. H.B.T./68/R Order accordingly.