2007 PLP 1187 (MLD)
MUHAMMAD ALI — Petitioner Versus DISTRICT OFFICER (REVENUE)/ COLLECTOR, OKARA and 2 others — Respondents
| Citation | 2007 PLP 1187 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ALI — Petitioner Versus DISTRICT OFFICER (REVENUE)/ COLLECTOR, OKARA and 2 others — Respondents |
| Primary Law | Transfer of Property Act (IV of 1882) |
Q1: What are the key laws and sections cited in 2007 PLP 1187 (MLD)?
This judgment primarily cites: Transfer of Property Act (IV of 1882) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1187 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1187 (MLD) (MUHAMMAD ALI — Petitioner Versus DISTRICT OFFICER (REVENUE)/ COLLECTOR, OKARA and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hassan Ahmed Khan Kanwar for Petitioner.
- Gohar Siddiquie Advocate for A.A.-G.
- Jahangir A. Jhoja for Respondent No.3.
Headnotes / Summary
S. 111
Constitution of Pakistan (1973), Art.199
Constitutional petition
Petitioner being lessee of State land had challenged order whereby land under lease was allotted to respondent
Petitioner was recorded as illegal occupant of land in the Revenue papers which was leased out to him for one year which period had expired
Petitioner could not refer to any Scheme entitling him to retain or repossess land in question
Land on lease with the petitioner under Temporary Cultivation Scheme, was allocated for Islamabad Oustees Scheme and was no more available for allotment to petitioner
Petitioners, for his right of allotment of land as an evicted tenant, could approach concerned official/Authority as that exercise could not be undertaken in constitutional jurisdiction of High Court
Petitioner had no right of allotment after efflux of time limited for his lease under S.111 of Transfer of Property Act, 1882, especially when he was no more in possession of the same.
Judgment & Decree
MUHAMMAD MUZAMMAL KHAN, J.
Petitioner being lessee of State land, challenged order, dated 15-10-2005, whereby land under his lease was allotted to respondent No.3 with claim that he still continues to be in possession as lessee and had been paying "Tawaan". Revenue record in form of Khasra Girdaweri revealed that petitioner was recorded as illegal occupant of the land which was leased out to him in the year, 2001 for a one year period and consequently lapsed in the year, 2002. Petitioner could not refer to any scheme entitling him to retain or repossess, the land in question. Even under the memorandum, dated 10-10-2003 only an existing lessee could be conferred proprietary rights. Recovery of "Tawaan" by D.O. (R) does not confer any right of allotment.
2. Report/parawise comments submitted by the Member (Colonies) depicts that land on lease with the petitioner under Temporary Cultivation Scheme was allocated for Islamabad Oustees Scheme and is no more available for allotment to him. Petitioner could not refute that lease land was resumed on 31-8-2004 under the orders of D.O. (R) dated 9-8-2004 and petitioner thumb marked the resumption proceedings at the spot. As far as rights of the petitioner to allotment of the land as evicted. tenant in terms of judgment in the case of Ali Muhammad and 13 others v. Province of West Pakistan and another (PLD 1969 Lahore 951), are concerned, he may approach the concerned official/authority, as this exercise cannot be undertaken in constitutional jurisdiction of this Court.
3. For the reasons noted above, petitioner has no right of allotment after efflux of time limited for his lease under section 111 of the Transfer of Property Act, 1882 especially when he is no more in possession of the same, thus this petition being devoid of any merit is dismissed. H.B.T./M-240/L Petition dismissed.