1. MUHAMMAD HALEEM, ACTG. C. J.-Admittedly the petitioner was a sub--tenant of some land in Squares Nos. 113 and 126 (lots Nos. 7 and 16) in Chak No. 125/15-L. Tehsil Khanewal, which was leased out to his brother along-with the other squares on 22nd of August, 1968, under the Tender Scheme for a period of 10 years. On the expiry of this period his brother applied for proprietary rights of the laud leased out to him. He was allowed to retain lots Nos. 5 and 14 which was entered in his name as "Khud Kasht" : but as for land included in the other lots, the grant was denied to him as he did not till the soil and instead the petitioner was recorded as a sub-tenant. The eligibility of the petitioner to retain it as a sub-tenant was not recognized as it was held that he was an Advocate and practised at Khanewal and therefore, he could not be regarded as the "actual tiller" by virtue of a circular of the Board of Revenue dated 7th of February, 1978. He was further asked to surrender the land in his possession. He appealed to the Commissioner and also filed a revision before the Board of Revenue but did not succeed. His Constitutional Petition was also dismissed.
2. This submission needs consideration as undisputedly he was cultivating the land as a sub-tenant of his brother who was the original lessee of the land and was found as ineligible to purchase the proprietary rights under the conditions laid down in this Notification. Accordingly, we would grant leave to appeal to the petitioner. Security for costs Rs. 2,000. In the meantime status quo as to possession. The appeal arising out of his petition shall be heard on the present record with liberty to the parties to file additional documents, if any.