Case Details

Citation(s)
2001 SLG 2618 2001 SLD 2618 2001 CLC 1785
Lahore High Court
Civil Revisions Nos. 1655-D and 1734 of 1986, heard on 30-03-2001
MAULVI ANWARUL HAQ, J
Noman Qureshi for Petitioner. Masood Akhtar Sheikh for Respendent

CHIRAGH DIN

VS

SUBA and 3 others

Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (IV of 1912)-------Ss. 20 & 21---Tenants on Government lands---Succession---Provisions of S.20 of Colonization of Government Lands (Punjab) Act, 1912, are applicable to succession to original tenants but the case of tenants who have acquired tenancy by succession, their case is covered by S.21 of Colonization of Government Lands (Punjab) Act, 1912. (b) Colonization of Government Lands (Punjab) Act (IV of 1912)--- ----S. 21 (b)---Succession Act (XXXIX of 1925), S.33(b)---Civil Procedure Code (V of 1908), S.115---Revision---Tenants on Government lands--­Succession---Parties were not the original tenants and they had succeeded to the tenancy---Dispute to succession arose when the widow of the original tenant had transferred her share---Appellate Court decided the matter in view of the provisions of S.33(b) of Succession Act, 1925, as the parties were Christian by faith---Validity---Appellate Court had correctly expressed the legal position in the factual background of the case---Where no ground stated in S.115, C.P.C. for the purpose of invoking jurisdiction existed, High Court declined to interference in revision with the passed by the Appellate Court. JUDGMENT This judgment shall dispose of Civil Revision No. 1734 of 1986 and Civil Revision No. 1655 of 1986 as these proceed against a common judgment of the learned Additional District Judge. 2. On 27-6-1972 respondents Nos. 1 to 3 filed a suit against the petitioner and respondent No.4. In the plaint it was stated that 88 Kanals, 10 Marlas of land was allotted in the first instance to Magar son of Billa under the provisions of the Colonization of Government Land (Punjab) Act, 1912. On the death of said Magar the land devolved upon his four sons in equal shares. Out of these four sons, three are the petitioners while the fourth Inayat Masih died on 21-2-1950. On his death his 1/4th share was transferred to his widow, respondent No.4. According to the plaint respondent No.4 was a limited owner and had no authority to alienate the property. On 26-6-1987 she proceeded to sell the said rights to the petitioners after obtaining permission of the Collector under…
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