Sale of colony land

Alleged vendee, who was in possession of suit property as a lessee, claimed that he purchased the same from the grantee after obtaining permission from Deputy Commissioner under S.19 of Colonization of Government Lands (Punjab) Act, 1912

Validity

Onus was on alleged vendee to prove a valid sale, however no oral or documentary evidence was led to prove as to when the bargain between the grantee and alleged vendee was struck and when payment of sale consideration was made

Change of status of alleged vendee from lessee into owner of suit property could neither be proved by any document nor was it reflected in the revenue record i.e. Roznamcha waqiati of Patwari

Even bona fides of permission granted by Deputy Commissioner under S.19 of Colonization of Government Lands (Punjab) Act, 1912 was questionable, because alleged vendee claimed to be in possession of suit property since 1937 but he made no effort to obtain sanction from the Collector to have the same transferred in his name during the life time of grantee, who died in 1953

Alleged vendee brought on record an application which was supposedly filed by the wife of grantee for permission to sell land to alleged vendee, however revenue official stated in his evidence that such application was neither signed nor thumb marked by wife of grantee and persons who allegedly identified her also did not sign the application

Wife of grantee stated in her evidence that her husband gave suit property to alleged vendee on lease, who kept paying the lease money even after 8/9 years of her husband's death

Appeal was dismissed accordingly.