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

Section: 20(a),20(b),30

Law: Specific Relief Act, 1877

Section: 42,52

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 20(a), 20(b) & 30---Tenancy rights---Succession---Plaintiff seeking to deprive his widow-mother and sisters of conferment of property rights---Plaintiff was not only present when the impugned mutations were made but he himself wanted them effected---Subsequently plaintiff wanted to undo his own acts whilst contending that the mutations did not conform with S. 20 of the Colonization of Government Lands (Punjab) Act, 1912 ('the Act') insofar as his widow mother was not entitled to one-third share in the property---Proprietary rights had been acquired by the widow pursuant to S. 30 of the Act and 'sanad sultani' was issued in her favour; the proprietary rights were also recorded vide a mutation---Once proprietary rights had been acquired, it became a case of merger of the tenancy or occupancy rights in absolute rights of ownership---Acquisition of propriety rights by the widow had been done with the full knowledge and consent of the plaintiff; he could not therefore raise objections thereto, let alone file a suit to undo the same thirty-three years after the said proprietary rights had been acquired---Plaintiff took no action with regard to the said acquisition of proprietary rights by his widow mother and did not approach the authorities designated under the Act to undo the same and/or to grant proprietary rights of the widow to him---Conduct of plaintiff and his successors in pursuing the litigation by depriving the rightful owners of the property was deplorable---Supreme Court directed that in case the land in question was held by the plaintiff or his successors, it shall be immediately handed over to their rightful owners without delay---Appeal was dismissed accordingly. Mushtaq Ahmad v. Kakim Bibi PLD 1969 SC 338, 343 ref. (b) Specific Relief Act (I of 1877)--- ----Ss. 42, proviso & 52---Suit for declaration---Bar to such declaration---Scope---In his declaratory suit plaintiff did not seek the cancellation of any of the impugned mutations in terms of S. 52 of the Specific Relief Act, 1877---Proviso to S. 42 of the Specific Relief Act, 1877 stipulated that no Court shall make any…

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