These are three review petitions against the order, dated 30-3-1995 and 15-5-1995 of Member (J- III), in R.O.R. Nos. 1395/1994, 1369/1994 and 1370/1994, whereby the order of the Additional Commissioner, dated 30-6-1992 was upheld and appeals of the petitioners were dismissed being time-barred.
The facts in all the tree cases are that the land in dispute was leased out to the petitioners under the 15 Years Leases Scheme. The petitioners failed to pay the rent and the land was not brought to the extent of 90% under cultivation. The AC/Collector, Lodhran resumed the land in dispute on 25- 3-1981 accordingly. The petitioners alongwith others lessees filed Writ Petition in the Lahore High Court and after decision of High Court the petitioners filed appeal before the Additional Commissioner, who dismissed the same on the point of limitation, vide order, dated 26-11-1992.
Petitioners filed revision petitions R.O.R. Nos. 1395/94, 1369/94 and 1370/94 which were also dismissed on 15-5-1995 and 30-3-1995. Hence these review petitions.
3. The learned counsel for the petitioners has contended that both the lower Courts have passed orders without consulting the record, the land was resumed without issuing notices to the petitioners and non-cultivation or non---payment of rent are rectifiable breaches.
4. In these cases both the breaches i.e. Non-cultivation of the disputed land to the required extent and non-payment of arrears of Lagan are rectifiable. I therefore condone the lapse with a penalty of Rs.5,000 each and restore the lease in favour of the petitioners extending the same up to Rabi 1998. The petitioners should deposit all the arrears of Lagan with the penalty of Rs.5,000 each within three months enabling themselves to apply for the grant of proprietary rights under the new Scheme of 1995.
With the above observations all the three review petitions are accepted and the orders of lower Courts and the orders under review are modified accordingly.