| Case ID |
0459451a-08a0-428a-bc65-61a6b4dd7814 |
| Body |
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| Case Number |
R.O.R. No. 1911 of 1996 and R.O.A. No. 30 of 1997 |
| Decision Date |
Mar 26, 2003 |
| Hearing Date |
|
| Decision |
The Revision Petition No.1911 of 1996 filed by Muhammad Yasin and others has been deemed without merit and is therefore dismissed. The Conveyance Deed issued in favor of the petitioners, which was based on illegality and fraud, is hereby canceled under Section 30(2) of the Colonization of Government Lands (Punjab) Act, 1912. Additionally, the matter concerning R.O.A No.30 of 1997 is referred to the District Officer (Revenue) in Lodhran for a thorough determination of proprietary rights in accordance with the terms and conditions prescribed under the Cooperative Farming Scheme. This referral ensures that both appellant Muhammad Hanif and respondent Muhammad Ayub have their respective claims examined on their merits, in alignment with prevailing laws and policies. |
| Summary |
In the landmark case of Muhammad Yasin and others versus Muhammad Ayub alias Babu, adjudicated by the Board of Revenue, Punjab on March 26, 2003, the central issue revolved around the lease and proprietary rights of 100 Kanals of state land under the Cooperative Farming Scheme. The original lessee, Baboo, was declared ineligible for proprietary rights due to non-cultivation and abandonment of the land. Subsequently, his sons, Muhammad Yasin and Yamin, who were neither members nor residents of the Cooperative Farming Society, fraudulently obtained conveyance deeds by misrepresenting facts. The case highlighted significant legal interpretations of the Colonization of Government Lands (Punjab) Act of 1912, specifically Sections 10 and 32, concerning lease conditions and proprietary rights. Key legal arguments presented by the petitioners emphasized the finality of the Commissioner's 1970 order granting proprietary rights and contested the Additional Commissioner's authority to cancel the conveyance deed. Conversely, the respondents asserted fraudulence in the petitioners' claims and the unlawful issuance of conveyance deeds. The court's decision underscored the invalidity of the appellants' claims due to Baboo's forfeiture of rights and the subsequent fraudulent actions taken by his sons. By canceling the conveyance deed under Section 30(2) of the Act, the court reinforced the importance of adhering to statutory conditions for proprietary rights, ensuring that land governance under the Cooperative Farming Scheme remains transparent and legally sound. This case serves as a pivotal reference for future land lease disputes, emphasizing the necessity of genuine cultivation and rightful membership within cooperative societies to secure proprietary interests. The decision not only rectifies the immediate fraudulent grant of land rights but also sets a precedent for the rigorous examination of land claims to uphold legal and ethical standards in public land administration. |
| Court |
Board of Revenue, Punjab
|
| Entities Involved |
Board of Revenue, Punjab,
Commissioner, Multan Division,
District Collector, Lodhran,
District Officer (Revenue), Lodhran,
Chak Cooperative Farming Society
|
| Judges |
Muhammad Ayub Malik
|
| Lawyers |
Rana Muhammad Tanveer Ahmad Khan,
Kanwar Nisar,
Mian Mushtaq Ahmed
|
| Petitioners |
Muhammad Yasin and others
|
| Respondents |
Muhammad Ayub alias Babu
|
| Citations |
2004 SLD 1706,
2004 CLC 40
|
| Other Citations |
Not available
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act (V of 1912)
|
| Sections |
Ss. 10,
Ss. 32
|