LT. COL. Sardar FAROOQ SHAUKAT KHAN LODHI vs TALEH MUHAMMAD ETC.S
This matter arises from a petition for leave to appeal concerning the terms and conditions of a tenancy under the Colonization of Government Lands (Punjab) Act, 1912. The core legal questions presented to the Supreme Court involve the procedural requirements for the resumption of tenancy following a breach of conditions. Specifically, the Court is tasked with determining whether the resumption of a tenancy is contingent upon affording the tenant an opportunity for rectification, and how Section 27 of the Act interacts with the rectification provisions found in Section 24 and the relevant Scheme. Furthermore, the Court must examine the relationship between clauses (xxvi) and (xxix) of the Scheme regarding rectification opportunities. Additionally, the petition questions the propriety of granting relief in writ jurisdiction when the initial tenancy period had expired without renewal, and when the respondent had previously withdrawn a civil suit concerning the same grievance without obtaining permission to refile. The Supreme Court granted leave to appeal to resolve these issues, emphasizing the necessity of interpreting the statutory framework governing state land tenancies.
- Is the resumption of a tenancy under the Colonization of Government Lands (Punjab) Act, 1912, subject to providing the tenant an opportunity for rectification?
- What is the effect of Section 27 of the Colonization of Government Lands (Punjab) Act, 1912, on the rectification provisions contained in Section 24?
- Can a writ petition be maintained regarding a tenancy dispute if the petitioner previously withdrew a civil suit on the same matter without permission to refile?
- Section 24, Colonization of Government Lands (Punjab) Act, 1912
- Section 27, Colonization of Government Lands (Punjab) Act, 1912
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.-In this petition arising out of a case relating to the terms and conditions of a tenancy under the Colonization o Government Lands (Punjab) Act, 1912 leave to appeal is granted, inter alia to examine-
(a) whether the resumption of tenancy on breach of a condition thereof is subject to affording an opportunity for rectification and what is the effect of section 27 of the Act on the provision regarding rectification contained in section 24 of the Act as also in clause (xxvi) of the relevant Scheme ?
(b) whether clauses (xxvi) and (xxix) are independent or supplementary to each other, with particular reference to the opportunity regarding rectification ?
(c) whether the first respondent was at all entitled to any relief in writ jurisdiction of the High Court when
(i) the initial period of tenancy of ten years having passed, there was no renewal.
(ii) when the respondent No. 1 having filed a civil suit with regard to the same grievance, filed the writ petition after withdrawal of the suit but without permission to refile it.
2. Order accordingly. Security Rs. 2,500. The appeal shall be prepared on the present record with liberty to the parties to file additional documents if necessary. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.