On 5-6-1994, respondent No. 6, Muhammad Yaqub did not appear before this Court despite service and as such he was proceeded against ex parte. The case of the petitioner, Sher Muhammad is that the land in question had continuously been in his cultivating possession for the last about 30 years as its lessee. However, land was given on lease to Muhammad Yaqub without hearing the petitioner. Nevertheless, it is admitted by the Tehsildar and the Patwari that the petitioner is in possession of the land. Nobody has come to contest these proceedings and as such, the lease of land in favour of respondent No. 6 is not sustainable and is hereby cancelled. This would mean that the land was not available for its allotment to the respondent No. 6 at any stage.
This being so, the petitioner cannot be deprived of this land because of his admitted possession over it. The land shall, therefore, be given to the petitioner on lease on the same terms and conditions on which it was given to respondent No. 6. The respondent-functionaries are also prepared to do so.
2. At this stage, it is stated by the learned counsel that the petitioner has already moved an application to purchase the land at an official rate. Let the petitioner pursue his application to purchase the land. The petitioner being in possession of the land has, undoubtedly, earned his right to claim to purchase it. In case, such an application is pending, the competent revenue authority shall hear and decide it on merits according to law. With these remarks, this petition succeeds and is allowed with no order as to costs.