Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 30-A(1)(a)---Succession Act (XXXIX of 1925), Ss. 29 & 37---Constitution of Pakistan, Art. 188---Review of Supreme Court ---Proprietary rights acquired by a Christian lady as a limited owner---Death of Christian lady---Proprietary rights would revert to legal heirs of last male tenant---"Last male tenant"---Interpretation---"F" and his three brothers, who were all Christians, acquired tenancy rights in the disputed property from their father "A"---Upon death of "F", who had no male issue, his share of property devolved upon his widow as limited owner under the custom---Widow contracted second marriage, where after proprietary rights in disputed property devolved upon her only daughter "M" as limited owner during her life time---Upon death of "M" disputed property would revert to the legal heirs of the last male tenant per S. 30-A(1) of the Colonization of Government Lands (Punjab) Act, 1912---"M's" father i.e. "F" was indeed the last male tenant and his legal heir was his widow, and upon her death, her daughter "M" and ultimately the petitioners (legal heirs of "M"), therefore disputed property would devolve upon the petitioners in equal shares as per Ss. 29 & 37 of the Succession Act, 1925---Review petition was allowed accordingly, and the matter was remanded to the concerned Deputy Commissioner to determine the legal heirs of "M" and thereafter proceed to mutate the property in their names in equal shares in accordance with provisions of S. 37 of the Succession Act, 1925. Mst. Inayat Bibi through Legal heirs v. Issac Nazir Ullah and 2 others PLD 1992 SC 385 ref. Per Anwar Zaheer Jamali, J.; disagreeing with Sarmad Jalal Osmany, J. [Minority view] (b) Civil Procedure Code (V of 1908)--- ----S. 51, O. XXI, R. 10---Execution of decree---Powers of Executing Court---Scope---Executing court, under no circumstances, could go beyond the decree---Executing court could not creatively interpret a decree which had attained finality before the Supreme Court to nullify its effect. Muhammad Ali and others v. Ghulam Sarwar and others 1989 SCMR 640; Mst. Naseem Akhtar v. Shalimar General Insurance…

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