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 son of Fateh Muhammad against the order dated 15-12-1987 of DC/Collector, 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 Nos.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 District 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 14-10-1996 passed in revision petition filed by him. He has since been depositing the instalments towards price.
(b) Fazal 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 Muhammad who 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 No.46/10-R had passed resolution on 25-7-1975 re- dominating 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 6-5-1948. 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 12/1-2 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 nor his other 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 having 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. Patwari after the scrutiny of the Revenue Record has submitted a report which is placed on record which indicated that the impugned tenancy was cultivated during Kharif 1958 to Rabi 1961 as per the following details: Naik Muhammad s/oFazal Muhammad s/oSher Muhammad s/o Fateh MuhammadFateh Muhammad.Badar-ud-Din.
Khasras Nos.Khasras Nos.Khasras Nos.
60/124-K-18M60/28 Kanals60/18 Kanals 13-Min3K-1M.3-Min4K-0M108 Kanals, 16-Min.4K-13M8-Min4K-OM115K-16M 199K-9M998K-OM209K-11 Ghair Mumkin 4K-19M216K-13M Khal and Rasta.24K226K-13 236K-13 27K 49 Kanals Ever since Sher Muhammad died, the two brothers having been separately cultivating the following Khasras Nos.--
(i) Naik MuhammadFazal 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) At least one instalment towards price amounting to Rs.5,640 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 myself 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 Khasra numbers 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.
H.B.T./55/RevRevision petitioner rejected.