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1972 PLD 53

ALIMON VS THE STATE AND ANOTHER

Petitioner: ALIMON VS Respondent: THE STATE AND ANOTHER

Court: REVENUE-DECISION-PUNJAB

Full Judgment Text & Judicial Ruling

P L D

P L D 1972 Rev. 53(1)

[Punjab]

Present: A. G. Riza, Member (Colonies), Board of Revenue, Punjab

ALIMON‑Petitioner

Versus

THE STATE AND ANOTHER‑Respondents

Revision No. 1553 of 1970‑71, decided on 27th October 1971, District Multan.

State land‑--

Allotment‑--Unit of tenancy indivisible‑‑Parties, on basis of a compromise, allowed to hold tenancy jointly in equal shares without partitioning it.

Syed Farooq Hassan Naqvi for Petitioner.

Respondent No. 2 in person.

Munir Hussain Colony Clerk for the State.

Zulfiqar Ahmad Patwari with Record.

ORDER

The parties on appearance on 26‑10‑71 at the very outset requested for an adjournment to produce an application for compromise as they had entered into an agreement to hold the tenancy in joint ownership. The adjournment was allowed and compromise petition has accordingly been annexed as Annex ure `A'. It has further been ascertained that since the unit of tenancy was indivisible, parties may not be allocated separate field Nos. The scheme itself does not exclude sharing of a lot as there was no express condition to that effect. The State representative states that the co‑operative society should also have no objection as the parties are in cultivating possession of A the land jointly. The agreement is accordingly accepted. The parties may be allowed to hold this tenancy jointly in equal shares without partitioning it.

Order accordingly.

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