These two revision petitions have been preferred against the orders dated 14-4-1990, whereby the Additional Commissioner (Revenue) Faisalabad Division, rejected the appeals of the petitioners.
2. Brief facts of the case are that the petitioners claimed that Allah Yar their predecessor-in- interest was cultivating Sqr. No.3, Killa Nos.21 to 25 and Sqr. No.4, Killa Nos.1 to 7 measuring 106 Kanals, 2 Marlas in Chak No.753/GB, Tehsil Kamalia, District Toba Tek Singh under Nisar Ahmad the original allottee of the said land. The lease was resumed by the Assistant Commissioner/Collector, Kamalia from Nisar Ahmad allottee for the reason that the allottee was not himself cultivating said land. Allah Yar deceased, therefore, applied for the grant of proprietary rights under notification of 3-9-1979 claiming himself as sub-tenant, which was refused by the Assistant Commissioner/Collector; on 12-12-1989 on the ground that he did not cultivate the said land as sub-tenant during the crucial harvests of 1977. Feeling aggrieved by this order of the Assistant Commissioner/Collector, Allah Yar deceased and one Waryam preferred separate appeals before the Additional Commissioner (Revenue) Faisalabad Division, who rejected the same vide his order dated 14-4-1990, observing that they were not in cultivating possession of the said land during the crucial harvests of 1977 and that they started cultivation from Kharif, 1979. Hence these two revision petitions, which are being disposed of with this single order.
3. In these cases, the petitioners admittedly started cultivation of the disputed land since Kharif, 1979. Therefore, they are entitled to be treated as lessees under Notification of 20-3-1988.
4. In view of the above observations, I accept both the revision petitions and allow the petitioners lease of 100 Kanals out of 106 Kanals, 2 Marlas of disputed land under temporary lease scheme with effect from Kharif, 1979 extending the same up to Rabi, 1995 with a penalty of Rs.5,000 each. They should deposit all the arrears of lagan enhanced from time to time in 6 half yearly equal instalments. The petitioners would be at liberty to apply for the grant of proprietary rights under new scheme of 1993, 1995. Orders of the lower Courts are modified accordingly.