Colony Land

2021 CLC 1269 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss.30-A(2) & 31-A(1)(a)Colony landLaw of successionApplicabilitySect, proof of

Plaintiffs / petitioners sought tenancy rights of land allotted under Mule Breeding Scheme on the plea that their predecessor-in-interest was from Shia sect

Both the Courts below concurrently declared predecessor-in-interest of plaintiffs / petitioners as Shia but Lower Appellate Court declined tenancy rights

Validity

Documentary evidence was to exclude oral one

Plaintiffs / petitioners brought on record some receipts to substantiate that predecessor-in-interest of plaintiffs / petitioners was Ahl-e-Tasheeh and was in habit of depositing donation to Imam Bargah such was not the conclusive proof

Plaintiffs / petitioners also produced death entries and statements of witnesses examined on behalf of parties whereby it was concluded that funeral prayer of their predecessor-in-interest was also offered as per Shia sect

Such were sufficient proofs that plaintiffs / petitioners successfully rebutted presumption so attached and by not questioning death entries, which were part of public document had attained presumption of correctness, stood admitted by respondents / defendants

Predecessor-in-interest of plaintiffs / petitioners, in her lifetime, also instituted suit claiming that her husband was Shia by faith and to that effect although she did not succeed yet at least to her extent, inference was there that she was follower of Shia sect

High Court in exercise of revisional jurisdiction confirmed concurrent findings of lower fora on issue regarding predecessor-in-interest of plaintiffs / petitioners was disciple of Shia

Nothing was contained in S.30-A(2) of Colonization of Government Lands (Punjab) Act, 1912, to alter law of succession applicable to any female tenant in respect of Personal Rights in land acquired by her

Lower Appellate Court failed to take into notice distinction between Ss.30-A & 31-A(1)(a) of Colonization of Government Lands (Punjab) Act, 1912

High Court set aside such findings of Lower Appellate Court and decreed the suit in favour of plaintiffs/petitioners

Revision was allowed accordingly.

2015 SCMR 1081 SUPREME-COURT Judicial Precedent

S.19Transfer of Property Act (IV of 1882), S. 54Colony landContingent agreement to sell colony landApplicability of S. 19 of Colonization of Government Lands (Punjab) Act, 1912 to such an agreement

Allotee/tenant of colony land, by way of an agreement to sell, handed over possession of such land to vendee and undertook to execute sale deed in favour of vendee on grant of proprietary rights

Question was as to whether such agreement to sell was void in terms of S.19 of Colonization of Government Lands (Punjab) Act, 1912

Such contingent/prior agreement to sell did not necessitate obtaining prior permission to transfer rights in the land in terms of S. 19 of Colonization of Government Lands (Punjab) Act, 1912

Contingent/ prior agreement to sell colony land could not be termed as a sale deed, through which tenancy rights were transferred to the vendee

Such an agreement was merely an agreement to sell the specific performance of which was postponed to a date when the allottee/tenant had acquired proprietary rights

Contingent agreement to sell colony land did not fall within the mischief of S. 19 of Colonization of Government Lands (Punjab) Act, 1912

Appeal was dismissed accordingly.

2015 SCMR 620 SUPREME-COURT Judicial Precedent

S. 8(2)Colonization of Government Lands (Punjab) Act (V of 1912), S. 3Pre-emption suitColony landExclusion of colony land from right of pre-emptionScope

Land once declared as a colony land and subjected to the Colonization of Government Lands (Punjab) Act, 1912, would remain subject to the said Act and thus exempt from pre-emption, notwithstanding that the land had ultimately become privately owned.

1962 PLD 85 WEST-PAKISTAN-BOARD-OF-REVENUE Judicial Precedent

Colony Land -Allotment-Reservation of site for Chowkidar-Discretion.