' This revision petition has been directed against the order dated 4-11-1979 of Commissioner Sargodha by which he upheld, in appeal, the order dated 8-10-1979 of Deputy Commissioner/Collector, Mang refusing to transfer the tenancy of Bahawal deceased to his son, Shera petitioner.
2. Briefly, State land comprising Killas Nos. 6, 7, 14 to 17 and 25 of Sqr. No, 62 situated in 18 Gagh stood allotted to Bahawal, father of Shera petitioner, under the Ejected Tenants Scheme. Shera petitioner also held a separate lot under the same scheme, and had acquired proprietary rights in it. After the death of Bahawal, the petitioner applied for the transfer of his (deceased's) tenancy in his name. The Collector rejected his request on 8-10-1979 on the ground that he had already acquired proprietary rights in his own lot under the same scheme and was therefore ineligible to inherit the tenancy of his deceased father. The petitioner went up in appeal against this order before the Commissioner but failed on 4-11-1979. Hence this revision petition.
3. I have heard the learned counsel for the petitioner at length and have also gone through the impugned order. According to paragraph 4(h) of Ejected Tenants Scheme, 1967, a son of an allotted, whether married or unmarried, if living independently of his father was eligible for allotment under that scheme. The petitioner who appears to be fairly advance in age is said to have been living independently of his father at the time of allotment and was therefore entitled, in his own right to get a separate lot. There is nothing in the scheme to debar an allotted son from inheriting a tenancy of his deceased father in terms of section 19-A of the Colonization of Government Lands (Punjab) Act, 1912, merely because he had acquire proprietary rights in the lot allotted to him separately under the same scheme. In these circumstances the Collector had no right to preclude the petitioner from inheriting the tenancy of his deceased father. Consequently I would allow this revision petition, set aside the impugned order and direct that the tenancy of Bahawal deceased be transferred to his son, Sheer petitioner, being the sole legal heir of the deceased.