ORDERJIWAR KHAN, MEMBER-This is a revision petition against the order dated 23.4.1989 of Additional Commissioner (Revenue). Multan Division, whereby he accepted the appeal filed by the present respondent Fazal Muhammad S/o Fateh Muhammad against the order dated 15.12.1987 of DC/Collcclor, Khanewal, through which he had held the present petitioner Naik Muhammad as eligible for acquisition of proprietary rights in State land measuring 97 kanals and 9 marlas in Khasras No. 60/1, 2,3/1, 8/2, 9,10, 11/1, 11/2, 12,13/1, 18/2,'19,20,21,22,23/1, 26,28 and 30 in Chak. No. 46/10-R, Tehsil and Distrcit Khanewal under the Cooperative Farming Scheme. Additional Commissioner held that as the impugned land had been separately cultivated by Naik Muhammad and Fazal Muhammad and as the latter had also deposited some instalments towards its price, therefore the proprietary rights be granted to both the brothers in equal shares.
2. It has been contended on behalf of petitioner Naik Muhammad that:-
(a) The impugned land was allotted to him under the Cooperative Farming Scheme on 5.5.1948. It was subsequently cancelled by District Collector vide his order dated 10.8.1965. He got it restored through the Board of Revenue's order dated 14.10.1966 passed in revision petition filed by him. He has since been depositing the instalments towards price.
(b) Faz.Al Muhammad who is his real brother has been cultivating the part of the tenancy which however, cannot be construed as a breach of the condition as according to the Colonies Department's notification dated 18.11.1974 cultivation through brother is considered as self- cultivation.3. It is contended on behalf of the respondent Fazal Muhammad that:
(a) The impugned land had been allotted in 1948 to Sher Muhammadwho was maternal uncle of both the petitioner and the respondent.
(b) The tenancy had remained divided almost in two halves and each part was being cultivated independently by the petitioner and the respondent.
(c) Cooperative Farming Society of Chak Nos. 46/10-R had passed resolution on 25.7.1975 redommending the grant of proprietary rights to both the brothers in equal share.-
(d) Initially the instalments towards the price had, been jointly deposited by both the brothers.The perusal of the record of the village Cooperative Society of Chak No. 46/10-R produced by Muhammad Suleman Chak Manager reveals that:
(a) According to entry No. 65 of the 'Register Membrans' Naik Muhammad S/o Fateh Muhammad was enrolled as a member of the Cooperative Society on 6.5. 194S. He had then nominated his brother Fazal Muhammad as his heir/nominee.
(b) At serial No. 80 of 'Register Taqseem-e-Arazi' maintained by the Village cooperative Farming Society 12 acres of the State land in rectangle No. 60 was allotted to Naik Muhammad and Sher Muhammad S/o Badar-ud-Din Sukhera on 5.5.1948. Neither Naik Muhammad's parentage not ' his ether particulars have been mentioned in this register whereas Sher Muhammad's parentage and address has been recorded. A closer look gives rise to the possibility of Naik Muhammad's name haying been added subsequently.
(c) The Minutes Book of the Village Cooperative Society shows that a resolution was passed on 25.7.1975 which recommended that the conveyance deed may be jointly issued- in the name of Naik Muhammad and Fazal Muhammad as Fazal Muhammad had already deposited half of the price in the Government Treasury and had been cultivating the tenancy alongwith Naik Muhammad. Another resolution was passed by the Society on 3.10.1995 through which it was recommended that the conveyance deed be issued in the name of Naik Muhammad as he had cleared the dues of the Society and had paid the instalments towards the price.
5. P.Atwari alter The saulipy of the remom: ri'tmd ban submitted a report which is placed on record which indicated that the impugned tenancy was cultivated during Kharif 1958 to Rabi 1961 as oer the following details: 56 Rev.C. Key I,aw Reports 1996Naik Muhammad S/o Fazal Muhammad S/o Dher Muhammad S/oFaten Muhammad Fateh Muhammad. Badar-ud-Din.Khasras No. Khasras No. Khasras No.60/12 4-K-18M. 60/2. 8 Kanals 60/1 8 kanals13-Min. 3K-1M. 3-Min 4K-OM 10 8 kanals.16-Min. 4K-13M 8-Min 4K-OM 11 5K-16M19 9K-9M 9 8K-OM 20 9K-11Ghair Mumkin 4K-19M I 21 6K-13MKhal and Rasta. 24 K 22 6K-1323 6K-1327K 49 KanalsEver since Sher Muhammad died, the two brothers having been separately cultivating the following Khasras No.-
(i) Naik Muhammad Fazal Muhammad.60/13/1,18/2,19,20,12-min, 60/1,2,3/1, 8/2,9,10,11/1,21,22,23/1, 26,28,30, 11/2,12-min (50 Kanals).(49K-19M)The position as brought out by the patwari in his report is corroborated by the record of rights.6. The above resume of the record of the village Cooperative Society and the revenue record clearly brings out the following facts:
(a) Though Naik Muhammad was enrolled as member of the Cooperative Society, the impugned tenancy was allotted in 1948, to Sher Muhammad S/o Badar-ud-Din and Naik Muhammad jointly provided the entry in the Register Taqseem-e-Arazi is considered to be genuine.
(b) Right from the beginning the impugned tenancy was divided into three parts-each part having been independently and separately cultivated by Sher Muhammad, Naik Muhammad and Fazal Muhammad respectively. On the death of Sher Muhammad the tenancy got divided in almost two equal shares-each share being separately cultivated by the two brothers.
(c) Atleast one instalment towards price amounting to Rs. 5640/-was deposited by Naik Muhammad and Fazal Muhammad jointly.
7. The above factors sufficiently indicate that the tenancy right from the beginning was jointly secured and managed.
8. In view of what has been discussed above, I find mysuf in agreement with the learned Additional Commissioner who rightly held that both Naik Muhammad and Fazal Muhammad may be granted the proprietary rights in the Khasras number which have been under their respective cultivating possession. The revision petition being without any force is rejected.
9. The order in this case was reserved which may now be communicated to the parties through their counsel.