' This is an appeal from the order, dated 24-6-1979 of Commissioner, Sargodha by which he partly accepted the appeal of Najam-ul-Hassan respondent and renewed the lease of the appellant up to 12-1/2 acres only.
2. Briefly, State land measuring 49 acres, 4 Kanals and 11 Marlas situate in Chak No,495/JB, Tehsil Shorkot, District Jhang was on lease with the appellant for ten years up to Rabi, 1978. On the expiry of the lease period, the Assistant Commissioner/Collector renewed the lease of the appellant up to Rabi 1980 at 15% enhanced rent, vide order, dated 2-10-1978. Najam-ulHassan who had applied for the lease of the land in dispute preferred an appeal against this order before the Commissioner who rejected the appeal but reduced the area of the appellant from 49 acres, 4 Kanals, 11 Marlas to 12-1/2 acres. Hence this appeal.
3. Respondent has not turned up despite service. He is, therefore, proceeded against ex parte.
4. I have heard the learned counsel for the appellant at length and have also gone through the impugned order. According to the policy instructions contained in Government Memo. No,10993- 77/195-CLI, dated 7-2-1978 and 947-78/367-CLI, dated 1-3-1978, the appellant being a self- cultivator and an owner of less than 4 acres of land, is entitled to get the extension of entire lot. The Commissioner was not therefore justified in reducing the size of lot already on lease with the appellant. Consequently I would allow this appeal, set aside the impugned order dated 24-6-1979 of Commissioner, Sargodha and restore that of the Collector, dated 2-10-1978 allowing the appellant to keep the entire lot for the extended period.