Law:

Section:

West Pakistan Rehabilitation and Settlement Scheme, 1957- -- Paras. 46 & 46-A-Contention that petitioner having been in exclusive possession of entire land since 25 years immediately preceding establishment of Pakistan was entitled to claim allotment of land in lieu of entire grant made to his forefather on basis of his adverse possession against Government and respondent co-sharers Adverse possession against Government-Matures into ownership after lapse of 60 and not 25 years and on fulfilment of other essential legal requirements-Possession of one co-sharer being possession o4 behalf of all co-sharers, contention, held, misconceived. ORDER MUHAMMAD AFZAL CHEEMA, J.---The petitioners and respondents 2 to 4 are descendants of a common ancestor Jhanday Khan, a resident or' Hissar District in India. Jhandey Khan was the original grantee of Sukh Lambri grant, which was a special type of grant of land made to troopers and Officers of a Rdgt. of irregular cavalry who had rendered service during the pindari campaign 'in 1818-19 to Hissar District. From a perusal of the conditions of the grant placed on the record, it appears that the grant was for three lives and not three generations and after its lapse under Condition No. 4, proprietary rights had to vest in all the heirs of the original grantee and not only those of the last holder. The heirs were to be determined in accordance with the law applicable at the time of lapse of the grant. Although apparently, the expressions lapse of grant and the subsequent vesting of proprietary rights as used in Condition 4 are mutually contradictory, it appears that the word "lapse" was used in the context of the expiry of the rent-free tenure for three lives after which proprietary rights were to vest in the heirs of the original grantee subject to payment of land revenue. 2. For a proper appreciation of the precise time of the expiry of the grant which extended to three lives and the determination of the terminusa quo of the conferment of proprietary rights and the heirs entitled thereto, one has to inevitably fall back upon the undisputed pedigree-table of the parties which is as follows :-- Jhanday Khan | | Khuda Bakhsh |…

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