RAZA ALI, MEMBER (COLONIES), - This revision petition has been preferred against the order dated 25.1.1993, whereby the Commissioner, Bahawalpur Division, rejected the appeal of the petitioner.
2. Brief facts of the case are that Ali Hassan son of Ismail petitioner in ROR No.789/93 was allotted State land measuring I0O Kanals, comprising Khasra Nos.114/1,2,3,4,5/1,6 to 12 in Chak No.LI/RB, Tehsil Safdarabad District Sheikhupura for one year in 1978. Similarly, Ibad Ali, petitioner in R.O.R. No.790/93 was allotted 99 Kanals comprising khasra Nos.114/12 to 23 and 115/1 and 1977-78 in the same Chak.
Thereafter, both the petitioners applied to deposit lagan of the said land vide their applications dated 5.9.1981 for further period but the Assistant Commissioner/Collector rejected the request of the petitioners vide his orders dated 17.11.1981 on the ground that lease was for only one year which stood exhausted long before in 1978. The petitioners, however, again approached the Assistant Commissioner for depositing the arrears, but the Assistant Commissioner/Collector refused that request on 11.5.1992. Feeling aggrieved by this order of the Assistant Commissioner/Collector, the petitioners preferred separate appeals before the Addl:Commissioner(Revenue), Lahore Divison, who rejected the same vide his orders dated 25.1.1993. Hence these two separate revision petitions filed by the petitioners, which are being disposed of with this single order because the point in issue and facts are the same in both the revisions.
3. I have heard the arguments of the learned counsel for the petitioners and have perused the record.
4. In these cases the petitioners were admittedly leased out the land in dispute in 1977-78.
Thereafter, they made repeated requests to deposit the further lagan, but their requests were issued by the Assistant Commissioner/Collector on the ground that their lease stood expired in 1978. In fact such leases could have been extended on short term two yearly basis, on the enhanced rates under the Government instructions issued from the to the in this behalf. I, therefore, treat the period after 1978 as holding over possession of the petitioners.
5. In view of the above observations, Accept both the revision petitions, restore the lease in both the cases and extend the leases in the names of the petitioners upto Rabi 1995. They should deposit all the arrears within three months. The orders of the lower courts are set aside accordingly. The petitioners would be at liberty to apply for the grant of proprietary rights under a new scheme, if and when invoked.