1989 PLP 1604 (SCMR)
KHAN IQBAL AHMAD KHAN and others Petitioners Versus PROVINCE OF THE PUNJAB and another Respondents
| Citation | 1989 PLP 1604 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | KHAN IQBAL AHMAD KHAN and others Petitioners Versus PROVINCE OF THE PUNJAB and another Respondents |
| Primary Law | Colonization of Government Lands (Punjab) Act (V of 1912)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1604 (SCMR)?
This judgment primarily cites: Colonization of Government Lands (Punjab) Act (V of 1912)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1604 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1604 (SCMR) (KHAN IQBAL AHMAD KHAN and others Petitioners Versus PROVINCE OF THE PUNJAB and another Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Khurshid Ahmad, Senior Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 18th March, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 10th December, 1984 in Civil Revision No.1664‑D of 1984). ‑‑‑S.19‑A‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Leave to appeal granted to consider the effect of Supreme Court decision in Sardar Muhammad Aslam Sial etc. v. Government of Pakistan etc. reported as 1985 S C M R 9 on the facts of this case and on the question whether tenancy of State land was heritable in accordance with the provisions of S.19‑A. Sardar Muhammad Aslam Sial etc. v. Government of Paksitan etc. 1985 SCMR9ref.
Judgment & Decree
JAVID IQBAL, J‑‑This petition for leave to appeal is directed against judgment of the Lahore High Court, Lahore, dated 10th December, 1984 whereby civil revision of the petitioners was dismissed. Briefly the facts are that the petitioners are successors‑in‑interest of Asadullah Khan who was allotted State land under the Horse Breeding Scheme for a period of ten years. He died in 1968. The present petitioners filed a declaratory suit to the effect that they were entitled to hold and possess the disputed land until 6 October, 1976, and thereafter for a further period of ten years etc. on the terms and conditions set out in the ]case agreement dated 8th July, 1965. They also prayed for the grant of permanent injunction in order to restrain the respondents from interfering in their possession. The suit was dismissed and subsequently their appeal also failed. Eventually as stated above their civil revision before the High Court was likewise dismissed mainly on the ground that the original allottee having died, his heirs could neither be granted the lease for the unexpired period nor they could be granted a fresh lease because according to the terms of the lease agreement only the suitability along with fitness was the criterion for the grant and these were to be determined by the grantor i.e. revenue authorities. Learned counsel before us argued that the tenancy was heritable in accordance with the provisions of section 19‑A of the Colonization of Government Lands (Punjab) Act 1912. Reliance was placed on 1985 SCMR 9 (Sardar Muhammad Aslam Sial etc. v., Government of Pakistan etc.). Leave is granted in this case to examine as to what is the effect of the aforesaid authority on the facts of this case. Security to be deposited Rs.5,
000. The appeal is to be prepared on the same record with permission to the parties to file any additional documents on which they wish to place reliance. Learned counsel states before us that there is a possibility of settlement out of Court. If the parties do so, this order shall not be a bar. Status quo to continue. M.A.K./I-76/S Petition dismissed.