This revision petition has been filed against the order, dated 21-4-1991, whereby the learned Commissioner, Faisalabad Division, dismissed the appeal of the petitioner in limine on the ground of limitation.
2. The facts leading to this revision petition are that the petitioner was lessee over agricultural land measuring 8 Kanal 18 Marla Killa No. 17 Square No.56 situated in Chak No.42/JB, Tehsil and District Faisalabad under 5 Years Tender Scheme from Kharif 1975 to Rabi 1980. In the year 1979 the Government of Punjab issued Notification No. 3215-79/3973-C-11 dated 3-9-1979 giving an option to purchase the proprietary rights to those lessees holding State land on temporary cultivation lease since before Kharif 1977 and who were either landlords or owner of less than a subsistence holding. The petitioner accordingly exercised his option in writing for acquisition of right in the land.
The learned Collector dismissed the application of the petitioner on the ground that the petitioner was already owner of 63 Kanals 15 Marlas therefore, was not eligible for the purchase of proprietary rights and dismissed the application vide order,. Dated 21-8-1990. The petitioner filed an appeal against the order, dated 21-8-1990 before the Commissioner Faisalabad Division, Faisalabad. The learned Commissioner, Faisalabad dismissed the appeal in limine.
3. I have heard the arguments of the learned counsel for the petitioner. He has argued that the petitioner purchased the land 63 Kanals 15 Marlas, referred to by Assistant Commissioner/Collector, in 1984, after his right of eligibility to purchase proprietary rights of disputed land accrued to him vide Government of Punjab Notification No.3215-79/3973-C-II, dated 3-9-1979. He also requested for condonation of the time limit in the name of justice.
4. I feel that appeal of the petitioner should have been decided on merits because the question of rights of the petitioner is involved. Dismissal of his appeal on the point of limitation does not meet the ends of justice. I, therefore, without going into the merits of the case, accept the revision petition and set aside the orders of learned Commissioner, Faisalabad Division dated 21-4-1991. Condoning the delay, I remand the appeal for fresh decision, of the Commissioner. Faisalabad Division on merits.