Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 15,20

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 15,20

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss. 15 & 20---Purchaser of State land---Status of such purchaser after his death---Scope---Such purchaser till payment of final dues to Government would be deemed to a tenant for all purposes---Status of such purchaser, for determination of rights inter se his legal heirs, would be that of a purchaser---Co-sharer in possession of a property would be deemed to be in possession on behalf of all co-sharers thereof---Any payment made to Government by a legal heir of such purchaser, if he remained in possession of such land and took produce thereof, would be presumed to be made on behalf of all legal heirs---Provision of S.20 of Colonization of Government Lands (Punjab) Act, 1912 would not apply to such case---Illustration. (b) Co-sharer--- ----Co-sharer in possession would be deemed to be in possession on behalf of all co-sharers. Bashir Ahmad Chaudhary for Petitioners. Ch. Muhammad Amjad Khan for Respondents Nos.1 to 6. Mian Kashif Saleem for Respondents Nos.7 and 8. Date of hearing: 10th October, 2011. JUDGMENT AMIN-UD-DIN KHAN, J.--- Through this civil revision, the petitioners have challenged the judgment and decree passed by the Additional District Judge, Rahim Yar Khan dated 29-5-2004, whereby the appeal filed by the petitioners was dismissed, and against the judgment and decree passed by the Civil Judge, Rahim Yar Khan dated 14-2-2004, whereby the suit filed by the respondents was decreed. 2. The brief facts as leading to the instant civil revision are that the respondents-plaintiffs on 5-12-1998 filed a suit for declaration stating therein that the father of the parties, namely, Lal Din son of Mian Mola Bakhsh was owner of Lot No.4 of land measuring 1800-Kanals fully described in the head note of the plaint, by way of purchase in open auction on 7-1-1941 from the Government of Bahawalpur. He died in the year 1945. At the time of death, his 5 sons and 5 daughters were alive. Further alleged in the plaint that in accordance with her right, she was entitled to get 120-Kanals out of the suit-land. She challenged Patta-Malkiat sanctioned on 29-1-1952 and on the basis of that Patta-Malkiat,…

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