Temporary Cultivation Scheme

Petitioner claimed that combined effect of paras. 3 & 4, Temporary Cultivation Scheme was that he could have been granted proprietary rights up to his subsistence holding

Lease in favour of petitioner was slightly more than subsistence holding

Refusal to grant proprietary rights in respect of entire temporary Cultivation Scheme was contrary to terms enumerated in paras. 3 & 4, Temporary Cultivation Scheme

Petitioner could have been denied relief to the extent of excess area of his leasehold

Leave to appeal was granted to contention rained by petitioner.

Read with Notification No. 3215-79/3973-C/ll dated 3-9-1979, clauses 3 & 4-Grant of proprietary rights-Clauses 3 and 4 of Notification being in present tense and read together require person asking for grant of proprietary rights in land in his cultivation under Temporary Cultivation Scheme to be land-less or owner of land less than subsistence holding on date of issue of notification dated 3-9-1979-Eligibility of a person to get proprietary rights, held, must exist prior to exercise by him of his right of option to purchase land Petitioner having been owner of land measuring 126 kanals 19 marlas on date of issue of notification held further, not entitled to grant of proprietary rights in land in question.