' Muhammad Sharif was allotted State land in Chak No,45-A, Tehsil Liaqatpur comprising lot No,14, measuring 100 Kanals under 15 years Temporary Cultivation Lease Scheme in the year 1971. He submitted application on 20th of December, 1979 under Notification dated 3rd of September, 1979 for grant of proprietary rights. Since he had not brought at least 90% of the leased land under cultivation at the time that his case was put up before A.C./Collector, his request for grant of proprietary rights was rejected. His case for grant of proprietary rights again came up before A.C/Collector on 21st of December, 1995 when he was considered to have fulfilled the conditions pertaining to extent of cultivation of the leased land. He was allowed to obtain proprietary rights under Notification, dated 19th of March, 1995. Price of the land, therefore, was calculated at the rate of Rs,500 per P.I.U. On the basis of classification of the leased out State land as it obtained during the harvest since before Kharif, 1993.
2. He filed appeal against this order before Additional Commissioner (Revenue), Bahawalpur Division, taking exception to application of provisions of Notification, dated 19th March, 1995 for determination of the price of the leased land which was rejected. The present revision petition has been filed against order, dated 6th of June. 1996 of Additional Commissioner (Revenue), Bahawalpur Division. The learned counsel for the petitioners submitted that he had applied for grant of proprietary rights in terms of Notification, dated 3rd of September, 1979, Price of the land, therefore, should have been charged at the rate prescribed in the Notification of the Colonies Department, dated 11th February, 1980.
3. Under the Notification, dated 3rd of September, 1979 as in the subsequent Notifications, dated 20th of April, 1983 and 19th of March, 1995, the conditions of eligibility for grant of proprietary rights have been laid down as thus:-- "Any lessee holding State land on temporary cultivation lease who is either landless or owner of less than a subsistence holding and has been in continuous cultivating possession of the leased land since before Kharif 1977 may be eligible for the purchase of proprietary rights in such land:--
(i) in the case of a lessee who is landless upto subsistence holding; and
(ii) in the case of a lessee who is owner of less than a subsistence holding upto that area by which he falls short of a subsistence holding."
4 The conditions of ineligibility are given in clause (4) of the Notifications which lays down that any lessee who is a owner of a subsistence holding or does not cultivate the land himself shall not be eligible for the purchase of proprietary rights in the leased land. In clause (9) of Notification, dated 3rd of September, 1979, it is stipulated that "no grantee shall be allowed to acquire proprietary rights unless he had brought at least ninety per cent of the land under cultivation".
5. The record of the case reveals that. Muhammad Sharif had been in cultivating possession of the land since before Kharif 1977 and thereafter. He, therefore, fulfilled the conditions of eligibility as per clause (3) of the Notification and was not hit by any of the disqualifications contained in clause (4) of the Notification.
5-A. Para. (b) of clause (9) of the Notification, dated 3rd of September, 1979 prevents any lessee to acquire proprietary rights who had not brought at least 90 per cent of the leased land under cultivation. This restriction, however, is not confineable in time and is not relatable to conditions of eligibility as given in clause (3). A plain reading of para. (b) of clause (9) clearly reveals that whenever a lessee brings at least 90 per cent of the leased land under cultivation, he would be allowed to acquire proprietary rights subject to fulfillment of other conditions.
6. Muhammad Sharif submitted application within time under Notification, dated 3rd of September, 1979. He fulfilled the conditions of eligibility except the restriction relating to use of land which he overcame in the year 1993 as reported by A.C/Collector and Additional Commissioner. He would, therefore, be granted proprietary rights under Notification, dated 3rd of September, 1979 and price of the land will be charged under the amending Notification, dated 11th of February, 1980.
Resultantly, the revision petition is accepted and orders of A.C./Collector, Liaqatpur dated ,21-12- 1994 and of Additional Commissioner (Revenue), Bahawalpur Division dated 6-6-1996 are set aside.