KHAN IQBAL AHMAD KHAN and others vs PROVINCE OF THE PUNJAB and another
This petition for leave to appeal challenges a judgment of the Lahore High Court which dismissed the petitioners' civil revision regarding the possession of State land allotted under the Horse Breeding Scheme. The original allottee, Asadullah Khan, died in 1968, and his successors-in-interest sought a declaration of their entitlement to possess the land for the unexpired term of the lease and a subsequent ten-year period, alongside a permanent injunction against interference. The High Court dismissed their claim, holding that the lease was not heritable and that the suitability and fitness of the allottee were personal criteria determined by the revenue authorities. Before the Supreme Court, the petitioners contended that the tenancy was heritable under Section 19-A of the Colonization of Government Lands (Punjab) Act 1912, citing precedent. The Supreme Court granted leave to appeal to specifically examine the effect of the cited precedent on the present case, noting that the determination of the legal status of the tenancy and its heritability remains the core question to be resolved.
- Is a tenancy granted under the Horse Breeding Scheme heritable by the successors-in-interest of the original allottee?
- Does Section 19-A of the Colonization of Government Lands (Punjab) Act 1912 apply to tenancies granted under the Horse Breeding Scheme?
- Can revenue authorities deny the transfer of a lease to heirs based on the personal suitability of the allottee?
- Section 19-A, Colonization of Government Lands (Punjab) Act 1912
ORDER
1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against judgment of the Lahore High Court, Lahore, dated 10th December, 1984 whereby civil revision of the petitioners was dismissed.
2. ' Briefly the facts are that the petitioners are successors-in-interest of Asadullah Khan who was allotted State land under the Horse Breeding Scheme for a period of ten years. He died in 1968. The present petitioners filed a declaratory suit to the effect that they were entitled to hold and possess the disputed land until 6 October, 1976, and thereafter for a further period of ten years etc. On the terms and conditions set out in the lease agreement dated 8th July, 1965. They also prayed for the grant of permanent injunction in order to restrain the respondents from interfering in their possession. The suit was dismissed and subsequently their appeal also failed. Eventually as stated above their civil revision before the High ,Court was likewise dismissed mainly on the ground that the original allottee having died, his heirs could neither be granted the lease for the unexpired period nor they could be granted a fresh lease because according to the terms of the lease agreement only the suitability alongwith fitness was the criterion for the grant and these were to be determined by the grantor i.e, revenue authorities.
3. ' Learned counsel before us argued that the tenancy was heritable in accordance with the provisions of section 19-A of the Colonization of Government Lands (Punjab) Act 1912. Reliance was placed on 1985 SCM R 9 (Sardar Muhammad Aslam Sial etc. v. Government of Pakistan etc.).
4. ' Leave is granted in this case to examine as to what is the effect of the aforesaid authority on the facts of this case. Security to be deposited Rs,5,000. The appeal is to be prepared on the same record with permission to the parties to file any additional documents on which they wish to place reliance. Learned counsel states before us that there is a possibility of settlement out of Court. If the parties do so, this order shall not be a bar.
5. ' Status quo to continue.